fully closing the “boyfriend loophole”
Fully close the boyfriend loophole in gun laws.
Occurrences
Evidence
Section 12005 amended 18 U.S.C. 921(a)(33)(A)(ii) to include a misdemeanor domestic-violence offense committed by a person with a current or recent former dating relationship with the victim.
The same section says the amendments do not apply to convictions entered before enactment, and allows restoration for a single dating-relationship misdemeanor domestic-violence conviction after 5 years if no later disqualifying offense occurs.
The current definition of misdemeanor crime of domestic violence includes offenses committed by a person who has a current or recent former dating relationship with the victim; the dating-relationship provision includes the 5-year limitation for a single conviction.
18 U.S.C. 922(g)(8) still applies to persons subject to qualifying court orders restraining conduct toward an intimate partner or child of such intimate partner or person.
18 U.S.C. 921(a)(32) defines intimate partner as a spouse, former spouse, co-parent, or cohabitant/former cohabitant; dating partners are added separately only for misdemeanor domestic-violence convictions.
Roll Call 299 on S. 2938 passed 234-193. The vote table lists Clark (MA), Democratic, Massachusetts, voting Yea.
Congress.gov summarizes H.R.1494 as prohibiting dating partners convicted of misdemeanor domestic violence or subject to certain restraining orders from receiving, possessing, shipping, or transporting firearms; the tracker status is Introduced, with latest House subcommittee referral on 2021-05-18.
Congress.gov lists H.R.1620 as Passed House on 2021-03-17 by 244-172 and later referred in the Senate Judiciary Committee on 2022-05-24; the summary says the bill made changes to federal firearms laws.
Assessments
Federal law was changed in 2022 to cover current or recent former dating partners for misdemeanor domestic-violence convictions, and Clark voted for the enacted Bipartisan Safer Communities Act. But the promise was to fully close the loophole, and the enacted law remains limited: it is prospective, has a five-year restoration rule for a single qualifying dating-relationship conviction, and the protective-order firearm prohibition still uses the narrower intimate-partner definition rather than fully covering dating partners. A broader approach that would have covered restraining orders did not become law. This supports partial delivery, not full fulfillment.