Will Closing the “Boyfriend Loophole” in Gun Legislation Save lives? Here’s What the Research Says
Why are people talking about the ‘boyfriend loophole’ now?
The conversation over extending domestic violence firearm restrictions to dating partners arises every few years.
This time, Congress has actually passed new gun safety legislation that will close, or at least narrow the loophole. The wording of the proposed legislation extends the ban to those who “have or have had a continuing relationship of a romantic or intimate nature.”
There are a few issues to note here. First, the motivation to pass new gun safety legislation came from recent mass shooting events and the hope of preventing future mass shootings. We know that many mass shootings often involve killing intimate partners or family members, and that some of the shooters have criminal histories involving domestic violence before they commit the mass shootings.
But mass shootings make up only a small percentage of shootings in the United States. Intimate partner homicide is a more frequent occurrence.
My research shows that when states extend firearm restrictions placed on individuals under domestic violence restraining orders to cover dating partners, there is an associated reduction in intimate partner homicide.
However, the legislation which has made its way through Congress does not do this exactly. The law would only close the loophole for those convicted of domestic violence misdemeanor crimes. It does not cover restraining order laws.
What is the current situation at the state level?
Some states, such as Minnesota and West Virginia, have extended misdemeanor domestic violence firearm restrictions to dating partners already. Others, including Tennessee, have not. Fewer than half of states have extended the misdemeanor domestic violence firearm restriction to cover dating partners.
This has created a situation in which safety from gun violence by a violent dating partner depends on the state in which you live. Federal legislation would help to create a more consistent picture across the country when it comes to dating partners who commit violence.
What effect will closing the ‘boyfriend loophole’ have at a national level?
My research suggests that the federal firearm restriction for individuals convicted of domestic violence misdemeanor crimes is associated with reductions in intimate partner homicide committed with firearms.
As such, one could hypothesize that restricting access to guns for a greater number of dangerous intimate partners would further reduce firearm homicides within violent relationships. By the same thinking, closing the boyfriend loophole when it comes to banning gun possession for individuals under domestic violence restraining orders would also probably save lives.
April M. Zeoli is Professor of Criminal Justice, Michigan State University. This articleis published courtesy of The Conversation.
