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Domestic violence against women is increasingly common in the United States. The United States Department of Justice, Bureau of Justice Statistics, estimates that at least one million violent crimes are committed against former spouses or intimate partners each year. The vast majority of these victims are women. Prior domestic violence and the abuser's access to a firearm greatly increase the likelihood that a female intimate partner will become a homicide victim. Research has shown that restricting domestic violence offenders' access to firearms reduces the number of intimate partner homicides.


State Domestic Violence Laws

More than half the states have laws that restrict access to guns by a person under a restraining order or a protective order. Some state laws prohibit a person convicted of a domestic violence misdemeanor from buying or possessing a firearm. Some states prohibit possession of a firearm if a person is charged with a domestic violence offense.


Federal Domestic Violence Laws

Congress passed the Violent Crime Control Act in 1994. The law makes it a crime to possess a firearm if you are subject to a court order restraining you from harassing, stalking, or threatening an intimate partner. The Lautenberg Amendment to the Gun Control Act of 1996 prohibits anyone convicted of a misdemeanor crime of domestic violence from buying or possessing a firearm. Law enforcement officers and military personnel are not exempt from the Lautenberg Amendment's prohibition.


Restraining Orders and Civil Protection Orders

Judges issue restraining orders and civil protection orders if they find evidence of abuse. The orders are aimed at protecting the intimate partner from further abuse or harassment. Some states have a mandatory prohibition on the possession of firearms by certain offenders who are subject to a civil protection order. Other states require the judge to make a finding that the offender poses a threat to the safety of the intimate partner before the offender is barred from possessing a firearm.

Source: LexisNexis

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