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This Year, State Lawmakers Across the Country Took Action to Address Domestic Violence and Gun Violence, But There is Still More Work to Be Done. Here’s What You Need to Know:

10.22.2021

Gun violence and domestic violence are deeply connected, and existing loopholes in federal and state law allow easy access to guns by abusive partners and stalkers, often with deadly results. Research shows over half of women killed by an intimate partner are killed with a gun, and access to a gun in a domestic violence situation makes it five times more likely that a woman will be killed. As October marks Domestic Violence Awareness Month, ensuring that firearms stay out of the hands of domestic abusers remains as critical as ever. 

On Wednesday, Delaware Governor John Carney signed legislation into law to provide survivors and victims with increased safety from further abuse by prohibiting abusers from possessing firearms upon receiving an emergency domestic violence restraining order. The new law will ensure that domestic violence victims are protected during all times in which there is a valid Protection From Abuse order in effect.

“The evidence is clear: keeping guns out of the hands of abusive partners reduces gun violence and domestic violence,” said Monisha Smith, Director of State Government Affairs at Everytown for Gun Safety. “Across the country, we’ve seen promising steps taken to keep domestic violence victims out of harm’s way, but the fight is far from over. We will continue to stand alongside legislators and advocates doing the work to make homes and communities safer.”

Other states have also taken action to protect survivors and victims of domestic abuse by closing dangerous gaps in state laws and passing policies to prevent domestic abusers from accessing guns. 

  • This legislative session, Colorado lawmakers continued to prioritize gun safety legislation and protecting survivors and victims of domestic violence. In June, Governor Jared Polis signed HB1255 into law, which helps keep guns out of the hands of domestic abusers by strengthening the rules for firearm relinquishment. 

While 29 states and Washington, D.C. have passed laws since 2013 to keep guns away from domestic abusers, there is more work to be done to strengthen state domestic violence laws. Several states whose legislatures remain in session have the opportunity to take action to protect survivors and victims of domestic violence by passing bills that address current gaps in state law and ensure domestic abusers cannot access firearms.

  • In Wisconsin, lawmakers should prioritize SB 317 and AB 321, which updates state laws to prohibit the possession of a firearm by a person who has committed a misdemeanor crime of domestic violence. Although the bills were introduced in April and May, respectively, neither bill has received a committee hearing. 
  • In Michigan, lawmakers should prioritize SB 678 and 679, and HB 5371 and 5372, bills which would prohibit individuals convicted of misdemeanor domestic violence crimes from purchasing or possessing firearms. 

There are also several states that have attempted to close gaps in laws that allow domestic abusers to access firearms. A few states that could strengthen protection for survivors and victims of domestic violence include:

  • After state lawmakers in Missouri passed permitless carry legislation in 2016, it removed one of the last barriers prohibiting domestic abusers from carrying firearms. Over the past several legislative sessions, lawmakers have introduced domestic violence bills intended to close this dangerous gap. Next legislative session, Missouri lawmakers are expected to again reintroduce a bill to keep guns out of the hands of domestic abusers.
  • In Vermont, earlier this year the House passed legislation (H.133) to codify the ability of judges to order a defendant subject to an emergency relief from abuse order to relinquish their firearms in certain circumstances. This bill would provide clarity in state law and reaffirm judges’ authority to provide immediate protection to victims of domestic violence. Legislators in the Senate are expected to consider the bill next legislative session. 
  • During the past several legislative sessions, Arizona lawmakers have introduced legislation that would strengthen domestic violence protections by requiring domestic abusers to relinquish firearms they may possess. Domestic violence relinquishment legislation gives law enforcement officers the tools they need to ensure domestic abusers don’t have easy access to firearms. The bill is expected to be reintroduced in the coming session.

Learn more about domestic violence and gun violence here. Additional information about Domestic Violence Awareness Month is available here.