Firearm restrictions for people convicted of domestic violence

There is some evidence that restricting firearm access by people subject to domestic violence restraining orders (DVROs) decreases intimate partner homicides, including firearm-related intimate partner homicides (Zeoli 2018, Zeoli 2010, Diez 2017, Vidgor 2006). Such restrictions are stronger when combined with the mandatory relinquishment of firearms (Zeoli 2018, Diez 2017) or when restrictions are extended to dating partners and temporary restraining orders (Zeoli 2018). Additional evidence is needed to confirm effects (RAND-Gun policy research).

Overall, more extensive firearm restrictions for people convicted of domestic violence have a greater impact on reducing intimate partner homicides than less strict prohibitions (Zeoli 2018, Gollub 2019). States that require firearm background checks for restraining orders appear to have lower rates of overall firearm homicides than states without such checks (Sen 2012). Prohibiting firearm possession by people subject to DVROs can decrease firearm suicide rates (Kawano 2023). A federal law restricting firearm access by people subject to a domestic violence misdemeanor can reduce firearm homicides against female intimate partner victims and male victims of child abuse (Raissian 2016). State laws that prohibit firearms for people convicted of domestic violence misdemeanors do not appear to reduce intimate partner homicides (Zeoli 2018, Vidgor 2006); however, such laws appear to reduce homicides against pregnant and postpartum women when combined with mandatory firearm relinquishment (Wallace 2021). State firearm restrictions for people convicted of DVROs or domestic violence misdemeanors, combined with firearm relinquishment, may decrease rates of firearm injury-related in-patient hospitalizations (Neufeld 2022). Such restrictions can reduce firearm-related intimate partner homicides for white victims, but not for Black victims (Wallin 2022).

A North Carolina-based study suggests that the severity of intimate partner violence increases when domestic violence perpetrators have access to firearms (Kafka 2021). A California-based study indicates that handgun purchasers with a history of intimate partner violence are more likely to be arrested for subsequent intimate partner violence than those without such histories (Tomsich 2022). State laws that allow law enforcement officers to confiscate firearms at the scene of domestic violence do not appear to reduce intimate partner homicides (Zeoli 2018, Zeoli 2010, Vidgor 2006). A Philadelphia-based study found that subsequent reports of domestic violence increase after firearms are confiscated from a domestic violence scene, suggesting that victims may be more willing to seek police assistance when a firearm has already been removed from the home (Small 2019).

Available evidence regarding the impact of firearm restrictions for people convicted of domestic violence on workplace homicides is somewhat mixed; while one study suggests that expanding domestic violence-related firearm restrictions can reduce rates of workplace homicides (Sabbath 2020), another found no impact (Doucette 2019). Researchers suggest that firearm restrictions for perpetrators of domestic violence have the potential to prevent mass shootings (Gold 2020, Zeoli 2020, Geller 2021). However, the association between domestic violence-related firearm restriction laws and mass shootings that include a victim of domestic violence is unclear (Webster 2020).

Experts recommend developing clear, consistent protocols to implement and enforce policies for firearm searches, removal, and disposal; building strong partnerships between the courts and agencies to facilitate intimate partner violence case reviews and information sharing; and coordinating with partners (e.g., mental and physical health care professionals, social services providers, and police departments) to conduct assessments and develop safety plans with victims (Frattaroli 2021, Kafka 2022, Logan 2022, Valente 2021). Law enforcement officers should use proactive, plain language explanations of restraining orders that include firearm restrictions as a way to increase compliance with restrictions among those accused of domestic violence (Blackwatters 2023).

There is some evidence that restricting firearm purchases and possession by people convicted of intimate partner violence has the potential to decrease disparities in firearm-related intimate partner homicides. Available evidence illustrates that restricting firearm access by people subject to domestic violence restraining orders (DVROs) can decrease rates of firearm homicides against female intimate partners (Vidgor 2006). States that restrict firearm access by people convicted of domestic violence misdemeanors and require the surrender of their firearms have lower rates of homicides against pregnant and postpartum women than states that do not (Wallace 2021).

Overall, 80% of the victims of firearm-related intimate partner homicides are women. American Indian and Alaska Native, Black, and Latina women are more likely to be fatally shot and killed by an intimate partner; compared to white women, American Indian and Alaska Native women have a nearly four times greater risk of being fatally shot and killed by an intimate partner, and Black women are three times as likely to be victims of firearm homicide committed by their partners (Everytown-IPV). People with low socio-economic status, people with disabilities, and lesbian, gay, bisexual, and transgender (LGBT) populations are also exposed to intimate partner violence at a greater rate (CAP-Edmund 2022). Additional research is needed to explore how firearm restrictions impact disparities in intimate partner violence between diverse subpopulations, including groups with different levels of income or education, and same-sex couples (Goodyear 2020).

The first gun control policy was passed by a European colony in 1619, which banned the sale or gift of firearms to Native Americans. This was a controversial policy because firearm trading was profitable and Native Americans were sometimes allies against colonial adversaries (Spitzer 2017). The addition of the Bill of Rights to the U.S. Constitution in 1791 included the Second Amendment, which states that, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (CONAN-Second Amendment). The varied interpretations of the Second Amendment have shaped firearm regulations ever since it was ratified.

Through the early 1930s, there was wide variation in state gun laws: major forms of state gun policies addressed hunting, militia, and gun carrying restrictions, with less attention given to firearm sale bans (Spitzer 2017). The National Firearms Act was passed in 1934 to control firearm transactions and possession of unregistered firearms, in recognition of increased crime rates and public safety concerns (ATF-NFA). Since then, federal firearm legislation has moved forward in regulating firearm owners and dealers, but there have still been gaps in gun laws. For example, the Gun Control Act of 1968 (GCA) created a federal firearm licensing system for dealers and prohibited firearm sales and possession for felons and other unlawful individuals; yet some restrictions were removed by the Firearm Owners’ Protection Act of 1986 (ATF-NFA, US DOJ-Gun violence 2001). The Brady Bill in 1993 established a background check system for gun purchases (GLC-Gun lobby); however, loopholes remained that allowed prohibited purchasers to access firearms. Loopholes include allowing firearm access for dating partners that have been subjected to restraining orders or for those who have been convicted of misdemeanor stalking offenses (GLC-DV Firearms, Everytown-Loopholes, Everytown-Prohibition, CAP-Parsons 2020). Gun rights advocacy groups, such as the National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF), have been successful at lobbying against firearm regulations and encouraging states to pass preemption laws that prevent local governments from implementing local gun control policies (GLC-Gun lobby, Montez 2020).

Although the health impacts of firearms are well documented, Congress prohibited federal research dollars from being used for gun violence and injury prevention research from 1996-2020 (APA-Weir 2021). In 2021, approximately 48,900 people died from firearm-related injuries in the U.S., including firearm homicides (43%) and suicides (54%). Firearm homicide and suicide rates have increased over time; 80% of total homicides and 55% of total suicides in 2021 involved a firearm (Pew-Gramlich 2023).

• Who is at a greater risk of intimate partner violence and/or homicide in your community? How can firearm restriction laws improve safety for domestic violence victims and those at risk?
• What are objective, nondiscriminatory ways to enforce firearm restriction laws? How can the courts, law enforcement, and relevant agencies and organizations work together to develop clear protocols to implement these laws? What resources and trainings are needed to educate staff?
• Are there resources available for victims of domestic violence in your community? Can victims access them before legal action has been taken?

As of 2022, 33 states and Washington, D.C. prohibit the purchase or possession of firearms by people who have been convicted of domestic violence misdemeanors and 17 states require those convicted to surrender their firearms. Firearm restrictions for people with final domestic violence restraining orders (DVROs) exist in 30 states and Washington, D.C. Eleven states extend firearm restrictions to temporary DVROs, while 30 states and Washington, D.C. extend restrictions to dating partners with either a convicted domestic violence misdemeanor or a final restraining order (GLC-DV Firearms).

Everytown-State gun law strength - Everytown for Gun Safety Support Fund (Everytown). 2022 Everytown gun law rankings.

GLC-DV Firearms - Giffords Law Center to Prevent Gun Violence (GLC). Domestic violence & firearms (DV firearms).

RAND-Firearm law database - Cherney S, Morral AR, Schell TL, Smucker S, Hoch E. RAND state firearm law database. Santa Monica: RAND Corporation; 2022.

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ATF-NFA - Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). National Firearms Act (NFA).

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CAP-Edmund 2022 - Edmund M. Weak gun laws are harmful to women and survivors of domestic violence. Washington, D.C.: Center for American Progress (CAP); 2022.

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CONAN-Second Amendment - The Constitution Annotated (CONAN). Second Amendment: Right to bear arms.

Diez 2017* - Diez C, Kurland RP, Rothman EF, et al. State intimate partner violence-related firearm laws and intimate partner homicide rates in the United States, 1991 to 2015. Annals of Internal Medicine. 2017;167:536-543.

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Everytown-Loopholes - Everytown. Undeniable: How long-standing loopholes in the background check system have been exacerbated by COVID-19. 2021.

Everytown-Prohibition - Everytown for Gun Safety Support Fund (Everytown). Prohibit people with dangerous histories from having guns.

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GLC-DV Firearms - Giffords Law Center to Prevent Gun Violence (GLC). Domestic violence & firearms (DV firearms).

GLC-DV WI - Giffords Law Center to Prevent Gun Violence (GLC). Domestic violence & firearms in Wisconsin.

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Kawano 2023* - Kawano B, Agarwal S, Krishnamoorthy V, et al. Restrictive firearm laws and firearm-related suicide. Journal of the American College of Surgeons. 2023;236(1):37-44.

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Montez 2020* - Montez JK. U.S. state polarization, policymaking power, and population health. Milbank Quarterly. 2020;98(4):1033-1052.

Neufeld 2022* - Neufeld MY, Poulson M, Sanchez SE, Siegel MB. State firearm laws and nonfatal firearm injury-related inpatient hospitalizations: A nationwide panel study. Journal of Trauma and Acute Care Surgery. 2022;92(3):581-587.

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Tomsich 2022* - Tomsich EA, Schleimer J, Wright MA, et al. Intimate partner violence and subsequent violent offending among handgun purchasers. Journal of Interpersonal Violence. 2022;37(23-24):NP21447-NP21475.

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Vidgor 2006* - Vigdor ER, Mercy JA. Do laws restricting access to firearms by domestic violence offenders prevent intimate partner homicide? Evaluation Review. 2006;30(3):313-346.

Wallace 2021* - Wallace ME, Vilda D, Theall KP, Stoecker C. Firearm relinquishment laws associated with substantial reduction in homicide of pregnant and postpartum women. Health Affairs. 2021;40(10):1654-1662.

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Zeoli 2018* - Zeoli AM, McCourt A, Buggs S, et al. Analysis of the strength of legal firearms restrictions for perpetrators of domestic violence and their associations with intimate partner homicide. American Journal of Epidemiology. 2018;187(11):2365-2371.

Zeoli 2019a - Zeoli AM, Frattaroli S, Roskam K, Herrera AK. Removing firearms from those prohibited from possession by domestic violence restraining orders: A survey and analysis of state laws. Trauma, Violence, & Abuse. 2019;20(1):114-125.

Zeoli 2020* - Zeoli AM, Paruk JK. Potential to prevent mass shootings through domestic violence firearm restrictions. Criminology and Public Policy. 2020;19(1):129-145.