Blumenthal Chairs Hearing on Protecting Domestic Violence Survivors From Gun Violence

[WASHINGTON, D.C.] – U.S. Senator Richard Blumenthal (D-CT), Chair of the Senate Judiciary Constitution Subcommittee, chaired a hearing today titled, “Stop Gun Violence: The Jackson-Elias Domestic Violence Survivor Protection Act.” The hearing was the fourth in a series Blumenthal is holding to examine constitutional and commonsense efforts to prevent gun violence.

During his opening remarks, Blumenthal discussed the facts on domestic violence as, “absolutely harrowing,” saying, “More than 600 women in the United States every year are shot to death by intimate partners. Firearms are used to commit more than half of all intimate partner homicides in the United States. The mere presence of a firearm in the home increases the likelihood that domestic violence will escalate into a homicide by fivefold.”

Last year, Blumenthal introduced the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act which would protect survivors of domestic and intimate partner violence by closing dangerous loopholes in federal law that allow abusers to legally obtain firearms. The bill is named in memory of Lori Jackson, an Oxford, Connecticut mother of two who was tragically shot and killed by her estranged husband who had legally obtained a handgun even though he was subject to a temporary restraining order, and Nicolette Elias, an Oregon mother of two who secured restraining and temporary stalking orders against her former spouse but was killed with a handgun that he refused to relinquish.

“Our bill would help protect survivors at the moment their abusers are most dangerous, most dangerous: when survivors leave abusive relationships and seek help from law enforcement and the courts,” said Blumenthal. “That is the moment of highest rage and lowest protection.”

The sister of Lori Jackson, Kacey Mason, testified before the committee and shared her sister’s story, discussing the importance of legislation to close these dangerous loopholes.

“Lori did everything in her power to keep herself and her children safe,” said Mason. “Lori knew her estranged husband owned a gun. At that time in Connecticut, he was under his legal rights to keep it. I am proud to say that loophole has been closed in Connecticut, but Connecticut’s law alone would not have been enough to save her. The gun that he used was not the gun he already owned when he killed her. Her estranged husband went to Virginia, where he legally purchased a new gun. This is why it is so important to have this law on a federal level. This way abusers cannot evade the law by purchasing their guns in another state.”

Under current law, abusers may legally purchase firearms if they are subject to a temporary – not permanent – restraining order. Other gaps in current law, such as the “Boyfriend Loophole” and the “Stalking Loophole” which allow dating partners with misdemeanor domestic violence convictions and those with misdemeanor stalking convictions to obtain firearms, would also be closed by this legislation.

While President Biden signed the Violence Against Women Act Reauthorization into law March, Blumenthal called for Congress to take further action to protect survivors of domestic violence.

“There’s a lot more that we can and must do on domestic violence,” said Blumenthal. “And we can follow the leadership that we’ve seen at the state level, including Connecticut. Twenty-three states and the District of Columbia have already closed the Ex Parte Loophole…There’s a reason these states have all acted: these laws work.”

Mason concluded her opening remarks with a plea for Congress to act on legislation like the Jackson-Elias Domestic Violence Survivor Protection Act.  

“It’s too late for Lori, but this law can and will make a difference in another family’s story,” said Mason.

The full text of Blumenthal’s opening remarks is copied below.

U.S. Senator Richard Blumenthal (D-CT): The United States Senate Committee on the Judiciary Subcommittee on the Constitution will come to order. Welcome everyone here today and I want to thank my colleague, particularly Senator Wyden who has so much insight and wisdom on the topic that we’re addressing today and my colleagues who will be joining us, most especially Senator Cruz, the Ranking Member today.

I have some opening remarks before we go to Senator Wyden. In the wake of the tragic shooting just within days, we’re gathered here today in the wake of the spate of mass shootings across the country over the last week. Most notably, racist violence in Buffalo. My heart breaks for Buffalo and the East Side communities visited just yesterday by the president, victimized by this white supremacist terrorism. And to all communities that have been shattered by gun violence, make no mistake, it is domestic terrorism and extremist violence that we witnessed. The country sought first and we should honor the survivors, victims, and their families with action. Honor with action to stop this relentless carnage. As dark, ugly, and hate filled as this time seems, we cannot back down or give up. Replacement Theory has become the go-to hate mantra for domestic terrorists bolstered by a gloss of legitimacy that is conferred by the right wing media ecosystem and by supposedly mainstream Republicans who not only refuse to condemn it but actually engage in dog whistle endorsement of it. Unless and until Republican leaders unequivocally denounce Replacement Theory and take action to combat this threat, we will continue to see this kind of violence in our country. There are no, “very fine” people on one side of this issue, and even my silent colleagues are complicit in the resulting violence and in allowing this twisted hate ideology to fester and spread in our democracy.

Last year, this subcommittee held three hearings on stopping gun violence. These hearings covered Extreme Risk Protection Orders, ghost guns, and safe storage laws. This afternoon, we have come together to discuss the need to protect domestic violence survivors from gun violence and the Lori Jackson-Nicolette Elias Domestic Violence Survivor Protection Act. Obviously this hearing was scheduled way ahead of the most recent gun violence, but I’m hoping that all of the shootings that we have seen, including Sandy Hook, will prompt some action on areas where we can develop some consensus, bipartisan consensus, as well as consensus among everybody along the spectrum of different opinions that people may have on this issue.

This legislation is named for Lori Jackson, we’ll hear her story this afternoon from her sister Kacey. Eight years ago, Lori was shot and killed by her estranged husband in Oxford, Connecticut. She was 32-years-old and a mother of two. The month before she was murdered, Lori obtained a temporary restraining order against her husband and fled to her childhood home. The order was set to expire on May 7—the day before Lori was scheduled to go to court to seek a permanent restraining order. But early that morning, her estranged husband found her, shot her four times, and then turned the gun on her mother Merry—who survived and she is with us today.  

I first met this family literally within days of that tragedy when Merry still had her arm in a sling with bandages from that absolutely horrendous moment in their lives.

This legislation is named for Nicolette Elias, who was shot and killed by her abusive ex- after he refused to surrender firearms pursuant to a restraining order. And Senator Wyden will share Nicolette’s story today.

Our bill would help protect survivors at the moment their abusers are most dangerous, most dangerous: when survivors leave abusive relationships and seek help from law enforcement and the courts. That is the moment of highest rage and lowest protection. It would ensure that abusers subject to temporary restraining orders cannot purchase or possess firearms. It would also close the Boyfriend and Stalking Loopholes—which Senator Klobuchar has been a longstanding leader in seeking to address. And, it would create a grant program to help states implement policies and procedures to keep firearms out of the hands of domestic abusers.

The facts on domestic violence are absolutely harrowing: More than 600 women in the United States every year are shot to death by intimate partners. Firearms are used to commit more than half of all intimate partner homicides in the United States. The mere presence of a firearm in the home increases the likelihood that domestic violence will escalate into a homicide by fivefold. Domestic violence victims are five times more likely to die in a home with a firearm.

In March, Congress—on an overwhelmingly bipartisan basis I’m proud to say—passed and President Biden signed into law the Violence Against Women Reauthorization Act. I’ve been a staunch and steadfast advocate of VAWA and I am glad that it was passed and signed into law, but there’s a lot more that we can and must do on domestic violence, and we can follow the leadership that we’ve seen at the state level, including Connecticut. Twenty-three states and the District of Columbia have already closed the Ex Parte Loophole, at least in part.

In Texas, for example, it is unlawful for any person, other than a peace officer, who is subject to a protective order—including temporary, ex parte orders—to possess a firearm. Though the exact procedures and standards may vary, these state laws incorporate strong due process protections, protecting due process rights, and are no more subject to abuse than any other legal process.

There’s a reason these states have all acted: these laws work. States that have closed the Ex Parte Loophole like Texas have experienced a 13-percent drop in intimate partner homicides and a 16-percent drop in these homicides perpetrated by firearms. These are not just abstract statistics: these are real lives saved every single day in our great country. 

I hope we’ll come together and build on this bipartisan work that we did to reauthorize VAWA and pass this legislation too. Domestic violence is a horrific scourge across the country. It’s every day in real lives for hundreds, eventually thousands of women. And domestic violence is made deadly, certainly more deadly when firearms are involved.

We have an opportunity do something about it—we must act. I hope we can take steps through this hearing to provide more protection. I will turn to my colleague, the Ranking Member Senator Cruz.

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