This Act strengthens federal protections for domestic violence survivors by closing loopholes to prevent abusive dating partners and individuals subject to temporary restraining orders from purchasing or possessing firearms.
Richard Blumenthal
Senator
CT
The Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act strengthens federal law by closing loopholes that allow abusive dating partners and individuals subject to emergency protective orders to possess firearms. The bill expands the definition of prohibited domestic abusers and establishes a federal grant program to assist state, tribal, and local governments in the safe removal and storage of firearms from those under domestic violence restraining orders. By setting a national standard, this legislation aims to reduce intimate partner homicides and enhance protections for survivors of domestic violence.
Domestic Violence Protection Bill Closes Gun Loopholes and Sets 24-Hour Surrender Rule
The Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act aims to tighten the safety net for victims by overhauling how federal law handles firearms in domestic disputes. Currently, federal law has some gaps—it often excludes dating partners who don't live together and doesn't always cover temporary emergency orders. This bill changes that by expanding the definition of an "intimate partner" to include dating partners and adding stalking to the list of crimes that trigger a firearm ban. It also creates a new category called a "covered domestic violence court order," which includes emergency (ex parte) orders, meaning a person could be prohibited from possessing a gun as soon as a judge signs the paperwork, provided a full hearing follows shortly after.
Closing the "Dating Loophole"
For years, federal law treated married couples or people with kids together differently than people who were "just dating." This bill levels that playing field. Under Section 3, the definition of an intimate partner now explicitly includes current or former dating partners. This means if a survivor of a violent dating relationship gets a court order, the offender is legally barred from buying or possessing a gun, just like a former spouse would be. For a young professional or a student in a dangerous dating situation, this provision closes a technicality that previously left them more vulnerable than married victims.
The 24-Hour Turn-In
One of the most practical changes in this bill is how it handles the actual removal of weapons. If a state or local government wants to tap into the new federal grant money established in Section 6, they have to implement a strict 24-hour surrender rule. Once a protection order is served, the subject has just one day to hand over their firearms and ammunition to law enforcement or sell them to a licensed dealer. Within 48 hours, they must file a sworn statement with the court proving they’ve complied. This is a massive shift from the current "honor system" that exists in many places, moving the responsibility from the victim to report a violation to the court to verify compliance immediately.
Due Process and Safekeeping
While the bill is aggressive about removal, it builds in specific guardrails for legal rights and property. To qualify as a "covered order" under Section 3, the subject must eventually get their day in court to challenge the order. If the protection order expires or is lifted, the law enforcement agency holding the guns has seven days to run a background check and return the property, provided the owner isn't barred for other reasons. For law enforcement, the bill provides grant funding to help cover the costs of safely storing these weapons, acknowledging that many local precincts don't currently have the locker space or staff to manage a sudden influx of surrendered firearms.