June 21, Natalie Nanasi, assistant professor of law at the SMU Dallas Dedman School of Law and co-author Jeana Foxman, for an op-ed calling immediate passage of gun legislation that closes the “boyfriend loophole.” Published in the Orange County Register under the heading ‘Boyfriend loophole’ stalls bipartisan Senate gun deal. It’s time to close it: https://bit.ly/3HExizg
When 19 children were gunned down last month in their fourth-grade classroom in Uvalde, Texas, the worst nightmare of each victim’s family became a horrible reality. Since that fateful day, families across the country wake up with vacillating feelings of guilt-ridden gratitude and utter fear.
Silver linings seem callous in this instance, but the unspeakable tragedy has finally compelled our elected officials to take action to reform our nation’s gun laws. The “bipartisan framework” announced this week is the most promising action on gun control we have seen in a generation.
Progress is being derailed, however, by some lawmakers’ objections to closing the so-called “boyfriend loophole.” Federal law prohibits those who have committed domestic violence against a spouse or former spouse — or a person they currently live, previously lived, or share a child with — from possessing a gun. Adolescents and teenagers — who are less likely to be married, have children, or be living with anyone other than their parents — are left unprotected from an abuser with a gun. Such as a boyfriend.
By Natalie Nanasi and Jeana Foxman
When 19 children were gunned down last month in their fourth-grade classroom in Uvalde, Texas, the worst nightmare of each victim’s family became a horrible reality. Since that fateful day, families across the country wake up with vacillating feelings of guilt-ridden gratitude and utter fear.
Silver linings seem callous in this instance, but the unspeakable tragedy has finally compelled our elected officials to take action to reform our nation’s gun laws. The “bipartisan framework” announced this week is the most promising action on gun control we have seen in a generation.
Progress is being derailed, however, by some lawmakers’ objections to closing the so-called “boyfriend loophole.” Federal law prohibits those who have committed domestic violence against a spouse or former spouse — or a person they currently live, previously lived, or share a child with — from possessing a gun. Adolescents and teenagers — who are less likely to be married, have children, or be living with anyone other than their parents — are left unprotected from an abuser with a gun. Such as a boyfriend.
This oversight is rooted in the assumption that domestic violence is a problem that impacts only adults. But like mass shootings, dating violence profoundly affects our children, too.
Sen. John Cornyn, R-Texas, the lead Republican negotiator on the pending legislative proposal, explained that the challenge of defining dating violence has been a “bump in the road” towards reaching a deal. It need not be. Violence between dating partners is so prevalent that countless entities have defined it, including the CDC and the Department of Justice. In fact, Cornyn need look no further than his own state Legislature and state law, which both provide detailed definitions.
Cornyn argues the definition in the final bill cannot “be overly broad or open to interpretation,” a disingenuous objection. Not only do precise definitions already exist, but the fundamental role of our judicial system is to interpret the law. Every day in courthouses across the country, judges serve as fact-finders, hearing and interpreting evidence that comes before them. It is routine for a judge to review evidence – text messages, social media posts, witness testimony, photographs, and more – to determine whether a couple is or was in a dating relationship.
A “bipartisan framework” to achieve truly comprehensive gun reform that will more fully protect our children is unlikely in today’s political climate. In the absence of universal background checks, as well as a ban on assault rifles and high-capacity magazines, closing the “boyfriend loophole” is our best chance to ensure meaningful protection for our children at this extraordinary moment in time. Too many kids have already died – Congress must close the “boyfriend loophole” to prevent more senseless deaths.
Natalie Nanasi is an Associate Professor at SMU Dallas Dedman School of Law, where she directs the Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women. Jeana Foxman is an award-winning community leader and advocate in Dallas, Texas.