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Domestic violence in America is to a significant degree a problem of gun violence. And research by Everytown for Gun Safety establishes that this is also true for mass shootings: in 57 percent of the mass shootings between January 2009 and June 2014, the perpetrator killed an intimate partner or family member.
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Copyright © 2014 Allbritton Communications Company. TECHNOLOGY, TEEN DATING VIOLENCE AND ABUSE AND BULLYING ~ FINAL REPORT, Janine M. SENATE’S SUBCOMMITTEE ON CONSUMER AFFAIRS, PRODUCT SAFETY, AND INSURANCE ~ PROTECTING CONSUMERS' PHONE RECORDS, Cindy Southworth, National Network to End Domestic Violence, Washington, DC: February 8, 2006.
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Federal law prohibits domestic abusers from buying or possessing guns if they have been convicted of a felony; Under federal law, a person is prohibited from purchasing or possessing guns if he or she is convicted of a crime punishable by imprisonment of more than one year. Lautenberg explained the need for the amendment by telling his colleagues that, in far too many cases, “the difference between a murdered wife and a battered wife is often the presence of a gun.” Passed as part of the Omnibus Consolidated Appropriations Act of 1997, the Lautenberg Amendment made it a federal crime for anyone convicted of a “misdemeanor crime of domestic violence” to “ship, transport, possess or receive” guns or ammunition. Not all domestic violence misdemeanants are federally prohibited under this definition. Nineteen states and the District of Columbia also have state laws prohibiting gun possession by domestic violence misdemeanants.
Crimes classified as misdemeanors are only prohibiting if they are punishable by imprisonment of over two years. A parallel provision of the law criminalized knowingly selling a gun or ammunition to anyone whom the seller knows or has reason to believe has been convicted of a misdemeanor crime of domestic violence—or “MCDV”. There is no constitutional right to counsel in misdemeanor cases, and, according to a 2001 Congressional Research Service report, “it has been surmised that many domestic violence misdemeanants appeared without representation and likely did not make a knowing and intelligent waiver of that right, thereby significantly limit[ing] the universe of individuals against whom the possession ban may be enforced.” CRS, “Firearms Prohibitions and Domestic Violence Convictions: The Lautenberg Amendment,” Report RL31143, Oct. The remaining states do not prohibit gun ownership by all abusers who are barred under federal law, which can create serious enforcement challenges.
The strongest laws prohibit domestic abusers and stalkers from buying or possessing guns, require background checks for all gun sales, and create processes to ensure that abusers and stalkers surrender the guns already in their possession.
When these laws are on the books and enforced properly, they save lives. Department of Justice, Federal Bureau of Investigation, Supplementary Homicide Reports, 2011, available at Fe (excludes New York due to incomplete data); Florida Department of Law Enforcement, Supplementary Homicide Report, 2010.
It offers policy recommendations that state and federal lawmakers should enact to protect women’s lives and spare our communities from the devastating toll of domestic abuse.Tags: Adult Dating, affair dating, sex dating