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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Senate Committee on the Judiciary
    IntroducedJuly 11th, 2013

What is it?

S. 1290 would expand the protections granted to spouses under domestic and family violence laws to also include intimate partners and dating partners. It would also expand the definition of "misdemeanor crime of domestic violence” to include when a current or former intimate partner attempts to use physical force or a deadly weapon on their significant other.

As the law stands today, people with convictions of "misdemeanor domestic violence" are prohibited from purchasing firearms. By expanding the definition of this crime, S. 1290 would be adding convicted stalkers to the list of people who are not allowed to buy firearms.


This bill also bans people from selling or giving firearms (or ammunition) to a person who they know — or have reasonable suspicion to believe — have been convicted of a crime of domestic violence.

Impact

Victims and perpetrators of domestic violence and stalking, and gun retailers.

Cost

A CBO cost estimate is not available.

More Information

In Depth:

Supporters of the bill leverage these stats:

"Domestic abusers who have access to guns are over seven times more likely to kill their partners than those who don't have such access. A report released by the Center for American Progress last week shows that stalkers and physically abusive dating partners can be just as deadly as a violent spouse. One study of female murder victims in 10 cities found that three-quarters of the women killed, and 85 percent of women who survived a murder attempt by a current or former intimate partner, had been stalked in the previous year. And almost half of all intimate-partner homicides are committed by a non-married, non-cohabitating dating partner who was not covered by federal gun restrictions."

On the other hand, firearm advocates see this legislation as a manipulation of emotionally compelling subject matter to set down federal gun regulations. The National Rifle Association (NRA) has also chimed in to offer opposition:  

"Stalking' offenses do not necessarily include violent or even threatening behavior. Under federal law, for example, stalking includes 'a course of conduct' that never involves any personal contact whatsoever, occurs wholly through the mail, online media, or telephone service, is undertaken with the intent to 'harass' and would be reasonably expected to cause (even if it doesn't succeed in causing) 'substantial emotional distress' to another person."

Media:

The Huffington Post

Think Progress

RH Reality Check
(Photo Credit: Wikipedia)

AKA

Protecting Domestic Violence and Stalking Victims Act of 2013

Official Title

A bill to protect victims of stalking from gun violence.

    "Right now, loopholes in federal law allow stalkers, abusive ex-dating partners, and people with emergency restraining orders to legally buy and own guns—endangering the lives of their victims. Join us in calling on Congress to bar stalkers and abusive ex dating partners from getting guns! ‪#‎EndDV‬" Read more : facebook.com/FuturesWithoutViolence/timeline
    Like (12)
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    If the individual is so dangerous that he/she is forbidden to own a gun, why are they loose? The criminals who fail background checks are never prosecuted so why add pointless laws to the books.
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    Just another step to take guns.
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    It is already illegal for people convicted of these offenses to own, or purchase firearms. It is even one of the standard questions they ask you on the application to purchase a gun. Learn laws!
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    "In many states, convicted domestic violence abusers are not prohibited from owning guns. We can, and we must, do a better job of protecting women." Read more at: facebook.com/Women-Against-Gun-Violence
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    This is redundant. There are already laws that do this.
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    If they're already breaking the law what makes you think by passing a law will stop them from getting a firearm or any weapon
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    Why is a convicted and dangerous person allowed to just wander around? If they are too dangerous to own a gun, they are too dangerous to own a knife. Oh wait, that felon/stalker in Jersey with a restraining order against him just killed Carol a bit ago. Good thing he didn't have a gun; and Carol's permit wasn't accepted yet. Good system we have here.
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    This should only be an issue if a gun was being used while stalking or whatever. This is the government trying to take rights away.
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    I will support any bill that removes guns from the public arena. This bill is appropriate because it limits access to guns by individuals who have an established history of inappropriately pursuing private citizens.
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    Seems to me to be common sense unless the NRA pays our legislators to vote against it which happens continuously. Bribery is alive and well in congress.
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    When you go to purchase a firearm you are asked the same questions this bill wants to make new laws for. The application warns you about false answers to these questions. They are checked before you are allowed to take possession of the firearm. Why do we need more laws added to this document? The problem is anyone could use this bill proposal if passed against anyone good guys or bad. This bill in my opinion is a clever attack on the 2nd amendment designed to systematicly take your right from everyone over time. Anti-gun group's hard at work trying to position themselves for victory over our Freedom to Keep andBear Arms. This is what I read between the lines.
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    Seriously!?
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    There is no good reason people who are dangerous to society need weapons in their hands.
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    Anyone who abuses the law should not be able to own or purchase a gun
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    Yes! Anyone who's been convicted of any illegal act involving the physical or mental harm of another individual should NOT be allowed to own or purchase a firearm, period!
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    It's a start. Any form of threatening behavior should not have a weapon allowed. In a rage, a violent person can make anything a weapon, but at least we can eliminate this one.
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    Felony conviction equals no firearms IMO
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    It doesn't matter how many laws are made, criminals do NOT follow them, so making a new one is a waste of time.
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    Common sense.
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