The So-called Boyfriend Loophole is About Undermining the Second Amendment – NRA ILA
At present, federal law generally barsanyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federallaw alsoimposes a lifetime firearm possession prohibition on those who have been convicted in any court of amisdemeanor crime of domestic violence (MCDV).Under the federal statute, in order for a misdemeanor conviction to trigger the firearm ban,the conduct musthave beenboth violent and domestic.
First, to meet the violence prong, the crime must have as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon. This may seem straightforward, but the U.S. Supreme Court has effectively read the violence component out of the definition of MCDV.
In U.S. v. Castleman (2014), the U.S. Supreme Court determined that a persons use of physical force need NOT be violent in order to trigger the firearm prohibition. Rather, such physical contact may consist of only the slightest offensive touching necessary for common law battery. In fact, under the common law battery standard, merely touching a persons clothing, bag, or something they are holding in their hand in a completely non-violent manner could give rise to a lifetime firearm prohibition.
Second, to meet the domestic component, the crime must have been committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. These are categories that are readily understood.
This current lifetime firearm prohibition for a MCDV treats the Second Amendment as a second-class right. No other fundamental, enumerated Constitutional right is permanently lost for a misdemeanor conviction. There is good reason that rights are not extinguished for a lifetime based on misdemeanor convictions. In addition to the law viewing misdemeanor conduct less harshly than felony conduct, misdemeanor defendants are not always provided with the same level of exhaustive due process as those charged with felonies.
Proponents of the original MCDV firearm prohibition contended that the supposed unique nature of domestic violence required a firearm prohibition for those convicted of misdemeanors. They claimed domestic crimes that should have been felonies were often reduced to misdemeanors because abused spouses and children were reluctant to cooperate with prosecutors due to financial and emotional dependence on the abuser or a shared responsibility for raising children. Therefore, it was argued, the only way to keep firearms away from these should-be violent felons was to prohibit those convicted of a MCDV from possessing guns.
Here is where the so-called boyfriend loophole comes in.
Having done away with the violence requirement of the MCDV prohibitor through the courts, gun control activists now want to eliminate the domestic component by expanding the categories of relations that give rise to a prohibiting domestic violence conviction to include a dating relationship.
Under the current federal prohibition, boyfriends and other intimates are already covered if the relationship has an actual domestic component (children in common, cohabitation, etc.). Therefore, the proposed prohibition expansion to dating partners targets relationships without this domestic component and lacks the justifications involving emotional and financial attachment or interdependence that gave rise to the original MCDV prohibition.
Given the complexity of human relationships, the fluidity of modern dating culture, and Congresss express attempt to go beyond an actual domestic context, it is reasonable to ask: What constitutes a dating relationship? Good luck trying to find out.
No matter what Congress might put in statute, it will be up to anti-gun Attorney General Merrick Garland and the federal courts to flesh out the details. And Americans can be certain that the gun control lobby will be there every step of the way to ensure the definition is interpreted as broad as possible.
Imagine how the elimination of the domestic component of MCDV definition would interplay with the elimination of the violence component that has already taken place. Extending MCDV prohibition offenses to dating partners, a broad, vague term that involves none of the interdependence that purportedly justified the original prohibition, is a clear example gun control opponents attempts to vastly expand the list of Americans prohibited from possessing firearms.
The idea that there are loopholes for domestic violence perpetrators are false. The legal and criminal justice systems have the necessary tools to prohibit dangerous individuals from possessing firearms including prosecuting felonious level conduct as a felony.
Domestic violence crimes can and should be taken seriously under the law. The NRA supports that, just as we support empowering the abused to defend themselves and their families. We what do not support is exploiting real problems, like domestic violence, to opportunistically target civil rights, like the Second Amendment and constitutional due process.
See the original post here:
The So-called Boyfriend Loophole is About Undermining the Second Amendment - NRA ILA
- Second Amendment Sales Tax Holiday bill misses the mark | CATHERINE DORROUGH - Montgomery Advertiser - March 26th, 2026 [March 26th, 2026]
- LETTER: The Second Amendment is not a partisan issue - Fauquier Times - March 26th, 2026 [March 26th, 2026]
- A Commitment to Protecting the Second Amendment - New River Valley News - March 26th, 2026 [March 26th, 2026]
- WY: The Truth about the Wyoming Second Amendment Protection Act! - Gun Owners of America - March 22nd, 2026 [March 22nd, 2026]
- A look at the Traces very interesting new board members - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Celebrating 250 years: the Second Amendment and Ohios frontier legacy - Buckeye Firearms Association - March 22nd, 2026 [March 22nd, 2026]
- SAF WIN: POST OFFICE CARRY BAN INJUNCTION COVERS CURRENT AND FUTURE MEMBERS - Second Amendment Foundation - March 22nd, 2026 [March 22nd, 2026]
- Second Amendment advocate William Kirk in Quincy with a warning to gun owners - Muddy River News - March 17th, 2026 [March 17th, 2026]
- Gordon vetoes Second Amendment Protection Act changes amid concerns from officers - Gillette News Record - March 13th, 2026 [March 13th, 2026]
- Senate 9 Votes Short Of Reversing Gordons Second Amendment Protection Act Veto - Cowboy State Daily - March 13th, 2026 [March 13th, 2026]
- Pro-life, pro-Second Amendment businessman Doug Harwell hopes to bring Christian, conservative values to SD34 - 1819 News - March 9th, 2026 [March 9th, 2026]
- US v Hemani: Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases - Balls and Strikes - March 7th, 2026 [March 7th, 2026]
- Why These Defensive Uses of Firearms Should Disarm Second Amendment Skeptics - The Heritage Foundation - March 7th, 2026 [March 7th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, saying it would have a chilling effect - Casper Star-Tribune - March 4th, 2026 [March 4th, 2026]
- All Wyoming sheriffs oppose Second Amendment Protection Act bill, alleging it would have a chilling effect - Gillette News Record - March 4th, 2026 [March 4th, 2026]
- Second amendment no longer trampled - Gladwin County Record & Beaverton Clarion - March 4th, 2026 [March 4th, 2026]
- Virginia sheriffs push back on proposed gun restrictions, citing Second Amendment rights - WSET - March 4th, 2026 [March 4th, 2026]
- States Move to Defend Federal GunMailing Ban as Debate Over Second Amendment Intensifies - Delaware LIVE News - March 4th, 2026 [March 4th, 2026]
- SAF FILES PETITION FOR REHEARING IN NEW JERSEY 3D PRINTING LAWSUIT - Second Amendment Foundation - March 4th, 2026 [March 4th, 2026]
- The Supreme Court takes on guns and drugs in its latest Second Amendment hearing - MS NOW - March 4th, 2026 [March 4th, 2026]
- Scinai Signs Second Amendment To Pincell Option Agreement And Submits Revised 12 Million Non-Dilutive Feng Application To Advance Pc111 Through Human... - March 4th, 2026 [March 4th, 2026]
- The Second Amendment, protests and the media - The Brookhaven Courier - February 22nd, 2026 [February 22nd, 2026]
- VA Reverses Longstanding Policy, Restoring Due Process and Second Amendment Rights for Veterans - ashlandcountypictures.com - February 22nd, 2026 [February 22nd, 2026]
- Adamiak remains behind bars, guiltless but ignored by the Trump Administration - Second Amendment Foundation - February 22nd, 2026 [February 22nd, 2026]
- Augusta County reaffirms its stance on the Second Amendment - The News Leader | Staunton, VA - February 22nd, 2026 [February 22nd, 2026]
- News - Governor Rhoden to Sign Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Gov. Rhoden Signs Bill to Protect Second Amendment Rights - South Dakota State News (.gov) - February 14th, 2026 [February 14th, 2026]
- Council reaffirms Second Amendment sanctuary status after 'a lot of confusion' - Lynchburg News and Advance - February 14th, 2026 [February 14th, 2026]
- Talking About the Second Amendment in Schools Initiative - Guns.com - February 14th, 2026 [February 14th, 2026]
- What Happens When the Second Amendment Collides With Public Safety? - DCReport.org - February 14th, 2026 [February 14th, 2026]
- Trump abolishes the Second Amendment - Salon.com - February 14th, 2026 [February 14th, 2026]
- What Does the Second Amendment Really Mean Today? - NBC Palm Springs - February 7th, 2026 [February 7th, 2026]
- Killing of Alex Pretti shows why we need the Second Amendment - The Desert Sun - February 7th, 2026 [February 7th, 2026]
- Trump DOJ decides the Second Amendment only counts when they have the guns - Boing Boing - February 7th, 2026 [February 7th, 2026]
- Gun rights groups and legal experts question Trump administrations stance on the Second Amendment after shooting - CNN - January 26th, 2026 [January 26th, 2026]
- Co-hosts of 'The View' defend Second Amendment's purpose to protect citizens from their government - Fox News - January 26th, 2026 [January 26th, 2026]
- How the Second Amendment intersects with the latest fatal I.C.E. shooting - CNN - January 26th, 2026 [January 26th, 2026]
- REPLY BRIEF FILED WITH SUPREME COURT IN CONNECTICUT FIREARMS BAN LAWSUIT - Second Amendment Foundation - January 26th, 2026 [January 26th, 2026]
- Georgia organizations weigh in on Second Amendment concerns in response to Minnesota ICE shootings - Yahoo - January 26th, 2026 [January 26th, 2026]
- Republicans, pointing to Alex Prettis gun, do an about-face on the Second Amendment - MS NOW - January 26th, 2026 [January 26th, 2026]
- Insane Claim: Conservatives Call Out DHS Second Amendment Hypocrisy Amid Claims Man Shot and Killed Was - Yahoo - January 26th, 2026 [January 26th, 2026]
- Newsmax guest on Alex Pretti: "The Second Amendment does not come without some responsibility. So shame on that individual for creating the very... - January 26th, 2026 [January 26th, 2026]
- The White Houses latest battle is the Second Amendment - The Independent - January 26th, 2026 [January 26th, 2026]
- Gun Rights Debate Turns Topsy Turvy as Partisans Switch Sides Over Second Amendment Rights Following Killing by ICE in Minneapolis - The New York Sun - January 26th, 2026 [January 26th, 2026]
- The Recap: Trump team suddenly against Second Amendment, plus a path forward for Democrats - Daily Kos - January 26th, 2026 [January 26th, 2026]
- ICE Demonstrates Why We Need the Second Amendment - Reason Magazine - January 24th, 2026 [January 24th, 2026]
- Winner-Take-All Elections Mark A New Chapter In The Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - January 24th, 2026 [January 24th, 2026]
- WaPo: DOJ Looking to Weaken Gun Laws to Appeal to Second Amendment Supporters - Democracy Now! - January 24th, 2026 [January 24th, 2026]
- Opinion | Hawaii Tries to Evade the Second Amendment - The Wall Street Journal - January 24th, 2026 [January 24th, 2026]
- Proposed Second Amendment Reaffirmation bill for potential federal restrictions on firearms - wvnstv.com - January 24th, 2026 [January 24th, 2026]
- EDITORIAL | Assault on Gun Rights : Court should overturn Hawaii's infringement on Second Amendment - texarkanagazette.com - January 24th, 2026 [January 24th, 2026]
- SCOTUS dispatch: An invitation to shop is not an invitation to bring your glockJustices probe second amendment limits on private property open to the... - January 24th, 2026 [January 24th, 2026]
- Second Amendment activists sound alarm over gun control bills in Virginia Legislature - Washington Times - January 14th, 2026 [January 14th, 2026]
- The Second Amendment is Under Siege in Virginia | An Official Journal Of The NRA - Americas 1st Freedom - January 14th, 2026 [January 14th, 2026]
- Pritzker dismisses ex-DC police officer's call for Americans to use Second Amendment rights against ICE - Yahoo - January 11th, 2026 [January 11th, 2026]
- Press Release: Welch and Durbin Criticize Trump's New 'Second Amendment Section' at DOJ - Quiver Quantitative - January 6th, 2026 [January 6th, 2026]
- US appeals court strikes down California's open-carry ban in major Second Amendment ruling - Fox News - January 6th, 2026 [January 6th, 2026]
- SCOTUS To Hear Texas Second Amendment Case - 710 KURV - January 6th, 2026 [January 6th, 2026]
- Second Amendment Protects Right to Open Carry, Ninth Circuit Panel Holds (2-1) - Reason Magazine - January 6th, 2026 [January 6th, 2026]
- Ghost Guns In 2026: Evolving Tech, Legal Battles, And Second Amendment Implications - Dallas Express - January 6th, 2026 [January 6th, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - WGEM - January 2nd, 2026 [January 2nd, 2026]
- Red flags, Second Amendment rights and more: firearms are one of the most common topics for bills in Missouri so far - KFVS12 - December 31st, 2025 [December 31st, 2025]
- Hawaiis Officials Explain Why They Think They Can Overrule the Second Amendment | An Official Journal Of The NRA - Americas 1st Freedom - December 31st, 2025 [December 31st, 2025]
- Erika Kirk Shares Why She Still Supports Second Amendment After Charlie Was Shot in the Neck - International Business Times UK - December 31st, 2025 [December 31st, 2025]
- Red flags, Second Amendment, more: firearms one of most common topics for Missouri bills - KCTV - December 31st, 2025 [December 31st, 2025]
- Regarding guns and the Second Amendment [letter] - LancasterOnline - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - The Independent - December 22nd, 2025 [December 22nd, 2025]
- DOJ sues U.S. Virgin Islands over lack of gun rights, but theres a catch - Second Amendment Foundation - December 22nd, 2025 [December 22nd, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - AP News - December 18th, 2025 [December 18th, 2025]
- Is 2026 The Year of the Second Amendment? - California Rifle & Pistol Association - December 18th, 2025 [December 18th, 2025]
- NRA Foundation Affirms the Importance of Second Amendment Philanthropy | An Official Journal Of The NRA - American Hunter - December 18th, 2025 [December 18th, 2025]
- US government sues US Virgin Islands and accuses officials of violating the Second Amendment - Clinton Herald - December 18th, 2025 [December 18th, 2025]
- Press Release: Sen. Ted Cruz Files Amicus Brief Supporting Second Amendment and Interstate Firearm Permit Recognition - Quiver Quantitative - December 18th, 2025 [December 18th, 2025]
- Hudsonville teen moves to dismiss federal machine gun charge, citing Second Amendment protections - WZZM13.com - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Buckeye Firearms Association - December 12th, 2025 [December 12th, 2025]
- State of Florida agrees in court settlement with Gun Owners of America, Open Carry is unequivocally protected by the Second Amendment - Gun Owners of... - December 12th, 2025 [December 12th, 2025]
- Real Second Amendment curriculum could be headed to high schools soon - Second Amendment Foundation - December 12th, 2025 [December 12th, 2025]
- Miami Elects Mayor with Gun Control Record Raising Public Safety and Second Amendment Concerns - Gun Owners of America - December 12th, 2025 [December 12th, 2025]
- Feds Grant Nearly $1M to Wyoming Law School to Teach the Second Amendment in High Schools - USA Carry - December 12th, 2025 [December 12th, 2025]
- DOJ promises 'a lot more action' on gun rights with new Second Amendment enforcement section - Fox News - December 10th, 2025 [December 10th, 2025]