Boyfriend loophole

The boyfriend loophole is a gap in American gun legislation that allows physically abusive ex-romantic partners and stalkers with previous convictions or restraining orders to access guns. While individuals who have been convicted of, or are under a restraining order for, domestic violence are prohibited from owning a firearm, the prohibition only applies if the victim was the perpetrator's spouse or cohabitant, or if the perpetrator had a child with the victim.

The boyfriend loophole was introduced in 1996 with the Lautenberg Amendment, which established stricter gun control restrictions in the United States in order to combat domestic abuse. This law included a definition of an "intimate partner," who would be prohibited from accessing guns, but it did not encompass certain dating partners.

Both before and after the introduction of the boyfriend loophole, there were attempts to increase governmental action in relation to domestic abuse, but they were unsuccessful, on constitutional grounds.

More recently, researchers have found a positive correlation between intimate partner violence and firearm access. Additionally, researchers have studied the overlap between instances of domestic abuse, stalking, and shootings.

Although the boyfriend loophole has a direct effect on people who experience domestic abuse or stalking by former or current intimate partners, women disproportionately face intimate partner violence, so they are disproportionately impacted by the boyfriend loophole.

Current legislation aimed at combating intimate partner violence includes the Violence Against Women Act, which was reauthorized on March 16, 2022, as well as the Bipartisan Safer Communities Act, which was signed into law on June 25, 2022. This federal legislation significantly narrows the boyfriend loophole, denying access to firearms for five years to people convicted of violence in dating relationships. However, this restriction does not apply to those who only have restraining orders.