The Hidden Danger: Domestic Violence, Guns, and the Gaps That Kill
Closing the Gap: The Lautenberg Amendment, the Boyfriend Loophole, and the Reality of Gun Violence in Domestic Abuse
At Document The Abuse, we’ve spent many years working with survivors, law enforcement, advocates, and legal experts to highlight how domestic abuse isn’t just a private matter — it’s a public safety crisis. One of the most deadly aspects of this crisis is the easy access abusers have to firearms, even when the law says they shouldn’t.
Two federal laws aim to stop this: the Lautenberg Amendment and the more recent closure of the Boyfriend Loophole. But loopholes, weak enforcement, and blind spots still cost lives.
The Lautenberg Amendment: A Critical Law with Limits
Passed in 1996, the Lautenberg Amendment prohibits anyone convicted of a misdemeanor crime of domestic violence from owning or buying a gun — for life.
It applies if the victim is:
A spouse or ex-spouse,
A cohabiting partner,
A parent of the abuser’s child.
While groundbreaking for its time, this law left out an entire category of victims: dating partners who were neither married, living with, nor sharing a child with their abuser.
The Boyfriend Loophole: A Deadly Oversight Fixed, But Imperfectly
For years, dating partners fell outside the Lautenberg protections. If the relationship wasn’t formalized by marriage, cohabitation, or shared children, abusers could retain access to guns even after conviction.
In 2022, the Bipartisan Safer Communities Act finally closed this gap, adding dating partners to the list. But unlike the Lautenberg Amendment’s lifetime ban, the Boyfriend Loophole closure only imposes a five-year ban on firearm ownership — assuming no further convictions occur.
When Laws Aren’t Enforced, Lives Are Lost
While these laws are on the books, enforcement remains spotty and inconsistent:
Incomplete Reporting: Local courts and law enforcement often fail to report convictions or restraining orders to federal databases.
Gun Surrender Loopholes: Abusers can legally remain armed even after conviction until weapons are physically removed — a step many states do not enforce.
Judicial Discretion: Charges are frequently downgraded or pled down to avoid triggering gun prohibitions.
Without strong enforcement, laws like Lautenberg and the Boyfriend Loophole are reduced to well-meaning words — not lifesaving actions.
The Stark Reality: Guns and Intimate Partner Violence
The statistics are devastating:
Nearly 70 women per month are shot and killed by an intimate partner in the U.S.
A gun in a domestic violence situation raises the risk of homicide by 500%.
Firearms are used in over half of all intimate partner homicides.
In 2020 alone, over 1,100 women were murdered by their partners, with the majority of these killings involving a firearm.
These numbers represent the daily terror many victims live with — and underscore why enforcement and awareness matter.
What Needs to Change?
At Document The Abuse, we believe stronger protections for victims must go beyond passing laws:
Mandatory reporting and accountability at local, state, and federal levels.
Clear, enforceable gun surrender protocols for those convicted of abuse.
Nationwide education and training for law enforcement, courts, and the public on the link between guns and domestic violence.
We also teach victims to use tools like the Evidentiary Abuse Affidavit (EAA) to document abuse, establish intent, and create a clear record that can help protect them — long before the legal system catches up.
Protect Lives
The law is only as strong as its enforcement — and survivors need more than hope, they need action. At Document The Abuse, we work to educate, train, and advocate for better protections every single day.
Your voice, your share, your donation can help save lives.
👉 Donate to Document The Abuse
👉 Learn about the Evidentiary Abuse Affidavit (EAA)
👉 Schedule training for your organization
If you or someone you know is in danger, call the National Domestic Violence Hotline: 800-799-SAFE (7233).
Document The Abuse: Because when victims document abuse, it creates a path to justice — and survival.
More information about the EAA (Evidentiary Abuse Affidavit)
How the Evidentiary Abuse Affidavit (EAA) Supports Legal and Law Enforcement Efforts
About the Evidentiary Abuse Affidavit (EAA)
If you are a victim of violence, stalking, or harassment this link takes you directly to the Evidentiary Abuse Affidavit. CLICK HERE
