The Boyfriend Loophole
- Karen McGinnis
- Aug 2, 2022
- 4 min read
The Boyfriend Loophole
This subject is so serious that I will jump right into it. No quips about what a Boyfriend Loophole might mean, I will leave that to the reader’s imagination.
“The Boyfriend Loophole is a gap in the American Federal law and some state laws regarding the purchase and possession of firearms by convicted violent abusers who might not be married, cohabitating or sharing a child with the victim of their violent tendencies, especially those relating to firearms.”
Domestic violence and domestic abuse are issues in our society. When complicated by firearms they become a critical element in our culture. Legislation has been in existence regarding gun possession and purchasing by those convicted of domestic abuse. Extant laws applied to married persons, cohabitating persons and the parents of children. In 1968, the Federal Gun Control Act and the Lautenberg Amendment of 1996 addressed this issue. It applied to the persons who were married, cohabitating and parenting children. Not addressed were the persons who were “dating” and in an intimate relationship but were involved in domestic abuse conviction. The Lautenberg Amendment of 1996 enforced the issue of the Federal Background Check system and set up punishment for those who lied on background check forms. It installed a punishment of 10 years in prison and a $250,000 fine when a firearm was purchased from a Federally licensed dealer.
Why was this loophole for non-married, non-cohabitating, non-parenting persons a problem? The statistics speak to this issue. Firearms are statistically the tool of choice for intimate partners who commit homicide.
· 70 women are killed in the US by intimate partners every MONTH with a firearm.
· When a firearm is present, the risk of a homicide occurring for a woman rises by 500%
· An abused woman is 5 times more likely to be murdered by her abusive partner when there is access to a gun.
These statistics are shocking! What changes in society have made this a current issue? Of course, record keeping has changed through time, as have societal pressures that may play a part. It is also true that people are dating longer and putting off marriage. Often, they lack support of close family, positive societal networks, and experience increased levels of stress. The increase evident in the statistics speak to the complications current law enforcement experiences due to the proliferation of gun purchases and possession in our society.
Recent tragedies in Boston and Uvalde have brought the issues of gun possession to the awareness of the population. While this is not exactly the same issue as domestic abuse and the involvement of firearms in that situation, the “Boyfriend Loophole" has played a part in the attempts of Congress to address firearm reform. There are inequities between State and Federal laws. The inability of states to enforce laws currently on their books that are not supported by Federal law complicates the situation. There is a lifetime prohibition for convicted married persons, co-habituating couples or parents from purchasing and possessing firearms. At the same time, unmarried, or dating couples that have a member convicted of domestic abuse are able to get their gun purchase and possession rights reinstated with five years of clean records.
Proposed legislation sought to address that inequity. Proposed legislation sought to create a provision for those convicted of misdemeanor domestic violence to access reinstatement of gun rights following a five-year period of clean record, regardless of marital status, cohabitation or parental status. Some question this provision but it did address an inequity.
Additionally proposed legislation sought to address the creation of “red flag” laws that related to the purchase and possess of firearms.
There are elements of Federal legislation that are seen as necessary to help address the abuse of firearms. They include
· Strengthening the requirement for background checks on persons 18 to 21 years of age.
· A consistent Federal law regarding gun purchases rather than piecemeal State laws which are often found to be unenforceable without Federal laws to back them up.
With the presence of these elements, it is interesting to see who is currently opposed to gun possession restrictions. The NRA has stated that closing the “Boyfriend Loophole” restricts access to firearms and is an attempt to control gun ownership. They have committed to opposing “any effort to enact gun control policies.” Additionally, they have “warned” members of Congress that closing the “Boyfriend Loophole” constitutes an attempt to increase gun control which has been proposed by Democrats. Voting records show that votes on the Bipartisan Safer Communities Act of 2022, S2938 was passed in the Senate by 15 Republicans and 50 Democrats.
The elements included in the Bipartisan Safer Communities Act include:
· Expansion of background checks for buyers under 21.
· Closing the “Boyfriend Loophole.”
· Increase mental health resources
· Improve school safety measures
· Support students in gun related incidents.
· Prohibit convicted violent criminals and diagnosed mentally ill persons from purchasing and possessing firearms.
The Bipartisan Safer Communities Act is not the ultimate answer to the challenges of gun use in our society. More work is needed—according to persons on both sides of the issues raised. It does represent some movement at the Federal level, by Congress, and by society that have not occurred since 1996. The last legislation addressing this issue was Lautenberg in 1996 which amended the Federal Gun Control Act of 1968. We can recognize that at least something has happened in Congress. We can demand that our representatives continue to consider and pursue this issue as they represent us, their constituents.
The Bipartisan Safer Communities Act was signed into law on June 25, 2022.
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For further study and information:
“Closing the Boyfriend Loophole: Proposals to Protect Dating Partners from Gun Violence” by Ryan Shymansky
Comments, information? Karenmac1999@hotmail.com
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