Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act

This legislation, titled the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act, seeks to enhance the protection of domestic violence victims by preventing more abusers from possessing or receiving firearms. It addresses existing loopholes in federal law by expanding the definitions of who qualifies as an "intimate partner" and what constitutes a "misdemeanor crime of domestic violence." Specifically, the bill includes dating partners and former dating partners, as well as other similarly situated individuals, under the "intimate partner" definition, and incorporates stalking into the definition of a misdemeanor crime of domestic violence.

The bill also broadens the scope of court orders that prohibit firearm possession by defining a "covered domestic violence court order." This new definition includes both orders issued after a hearing with notice and opportunity to participate, and ex parte orders, provided that due process protections for notice and hearing are met within a reasonable timeframe. These orders must restrain the individual from harassing, stalking, or threatening an intimate partner or child, or from using or threatening physical force.

To facilitate enforcement, the bill amends federal law to explicitly prohibit the sale of firearms to, and possession or receipt of firearms by, individuals subject to these expanded domestic violence court orders. This aims to ensure that protective orders, including certain temporary ones, effectively disarm abusers.

Furthermore, the legislation establishes a new grant program for states, Indian tribes, and local governments. Administered by the Attorney General through the Office on Violence Against Women, these grants will help covered entities implement policies and procedures for the removal of firearms from adjudicated domestic violence parties. Eligible entities must have policies substantially similar to those outlined in the bill, which include requirements for courts to issue "firearm surrender orders" upon the issuance of a domestic violence protection order.

These surrender orders mandate that individuals relinquish all firearms and ammunition within 24 hours to law enforcement or a licensed dealer, or have them removed by law enforcement. They also prohibit the purchase or possession of firearms and ammunition for the duration of the protection order and require the revocation of any firearm permits. The grant program also supports safe storage of surrendered firearms and mandates partnerships with domestic violence victim service providers to ensure victim safety.