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For instance, several states expanded on the federal definition of intimate partner by also including same-sex couples and dating partners who have not cohabited. Although federal law applies at the state level, mirroring laws can streamline the process of implementing federal regulations at the state level by clearly delineating authority for firearm removal and a process for surrendering firearms (Cherney et al., 2019 Gold, 2003).įurthermore, because state law may define a domestic partner more broadly than federal law does, mirroring state policies for those convicted of a domestic violence misdemeanor or subject to a DVRO may apply to a broader class of individuals. Most commonly, these state laws mirror federal regulation-barring firearm ownership and possession among those served with domestic violence restraining orders (DVROs) and those convicted of a misdemeanor crime of domestic violence. Thus, dating partners who have never cohabited are not covered by these laws.īoth before and after the 19 federal law changes, many states enacted additional legislation designed to reduce firearm access for accused and convicted domestic abusers. Because of how federal law defines an intimate partner, these policies can be applied to current or former spouses, a person who shares a child in common with the victim, or a person who is currently cohabiting or previously cohabited with the victim. 104-208) to the Gun Control Act of 1968 extended the prohibition on possession of a firearm by domestic violence offenders to anyone who has been convicted of a misdemeanor crime of domestic violence.
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Subsequently, in 1996, the Lautenberg Amendment (Pub. 103-322), making it illegal to possess or receive a firearm while subject to a nontemporary restraining order protecting an intimate partner or the child of an intimate partner (Vigdor and Mercy, 2006). In 1994, Congress enacted the Violent Crime Control and Law Enforcement Act (Pub. 90-618), two key pieces of federal legislation have sought to impose additional restrictions to address the risks that domestic abusers with guns pose to their families and society more broadly. Although individuals convicted of domestic violence felonies have been prohibited from possessing or purchasing firearms and ammunition since the Gun Control Act of 1968 (Pub.