Americans for Responsible Solutions Applauds The New Jersey Assembly Law & Public Safety Committee’s Vote to Advance Bill that Addresses Gaps in Current Law to Limit Domestic Abusers’ Access to Guns

April 4, 2016 – Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and former NASA astronaut Captain Mark Kelly, today applauded the vote in the New Jersey Assembly Law & Public Safety Committee to advance legislation limiting domestic abusers’ access to guns and called on the full Assembly to pass the bill and send it to Governor Christie’s desk.

The bill, S805/A1211, which establishes effective procedures that will provide guidance and assurance to law enforcement, victims, and advocates to help limit abusers’ access to guns, had previously been approved by the New Jersey State Senate in a bipartisan vote, now heads to the full Assembly.

“We applaud the leaders in Trenton who voted today to close the dangerous loophole in New Jersey law that gives domestic abusers easy access to firearms and puts vulnerable families at risk. We hope the full Assembly will now follow suit, pass this bill, and put this commonsense and responsible proposal on Governor Christie’s desk,” said Hayley Zachary, Executive Director of Americans for Responsible Solutions.

S805 will strengthen New Jersey’s laws by:

• Requiring domestic abusers to surrender all of their guns if a domestic violence restraining order is in effect, or if they’re convicted of a domestic violence offense;
• Suspending the gun purchaser ID cards and permits of abusers;
• Revoking such cards if an abuser is convicted of a domestic violence crime; and,
• Requiring the cross-checking of records to determine if an abuser owns a firearm.

In March 2015, Congresswoman Giffords joined Senate Majority Leader Loretta Weinberg, Assemblywoman Gabriela Mosquera and leaders in New Jersey’s domestic violence prevention community at an event at the New Jersey State House to urge legislators to pass laws like this one that protect women and families from gun violence.

BACKGROUND ON THE NEXUS OF DOMESTIC VIOLENCE, DATING PARTNER ABUSE, STALKING, AND ACCESS TO FIREARMS

Women in the United States Are Eleven Times More Likely to be Murdered with a Gun Than Women in Other Developed Countries. More than half of all murders of America’s women are committed with a gun.  [Centers for Disease Control, 2012]  More than two-thirds of spouse and ex-spouse homicide victims between 1980 and 2008 were killed with firearms. [Bureau of Justice Statistics, 2011] In 2013, a gun was the most commonly used weapon in a murder of a woman by a man. [Violence Policy Center, 2015] 

Guns and Domestic Abuse Don’t Mix: Abused Women in the United States Are Five Times More Likely to be Killed by Their Abuser if That Individual Has Access to a Gun. [Centers for Disease Control, 2012] 

Nearly Half of Murders by an Intimate Partner Are Committed by a Dating Partner – But the “Boyfriend Gap” in Federal Law Lets Abusive Dating Partners Access Guns: From 2009 to 2010, 48.6 percent of all intimate partner homicides were committed by a dating partner. [Bureau of Justice Statistics, 2011] Current federal law prohibits individuals convicted of domestic violence offenses from accessing firearms, including individuals who are a current or former spouse, parent, parent of a child in common, current or former cohabitant, or a personal similarly situated to a spouse, parent or guardian of the victim. But federal law does not include perpetrators who abused current or former dating partners from accessing guns. With more women choosing to marry later in life and live in non-cohabitating dating relationships, this gap leaves a significant number of abusers free to access firearms. [Law Center to Prevent Gun Violence] 

Stalking Is A Strong Predictor of Future Violence – But the “Stalker Gap” in Federal Law Lets Some Convicted Stalkers Access Guns: Stalking is a strong precursor to escalating violence. One study of female murder victims in ten cities found that 76 percent of women murdered and 85 percent who survived a murder attempt by a current or former intimate partner experienced stalking in the year preceding the murder. [Homicide Studies, 1999] Under current federal law, individuals convicted of felony stalking offenses are prohibited from accessing guns. But individuals convicted of misdemeanor stalking offenses are not prohibited from accessing guns. Closing the “stalker gap” in federal law would help ensure that all individuals convicted of stalking offenses are prohibited from accessing firearms. [Law Center to Prevent Gun Violence] 

In the Face of Inaction in Congress, Blue, Purple and Red States Are Enacting Laws to Close These Loopholes and Limit Abusers’ and Stalkers’ Access to Guns. While each state has taken a distinct approach to strengthening laws that address gun violence against women, state leaders are addressing major gaps in federal law to help protect vulnerable women and families. At least 12 states have updated their laws to prohibit people convicted of violent misdemeanors against dating partners from possessing firearms. And 25 states prohibit gun possession by at least some people subject to protective orders for dating partners. In the last two years, leaders from both parties have enacted legislation addressing the often lethal mix of domestic violence and access to firearms in a number of states, including Alabama, Louisiana,  Nevada, Oregon, South Carolina, Vermont, Washington, Wisconsin, and Delaware.

Americans from Both Parties Support Legislation Limiting Abusers’ and Stalkers’ Access to Guns. According to research conducted in June 2015, 82 percent of Americans – including 82 percent of Republicans – say they would support legislation that helps keep guns out of the hands of domestic abusers and stalkers. [Public Policy Polling]