# What the Protecting Domestic Violence and Stalking Victims Act Does

This bill closes a gap in federal gun laws by preventing people convicted of domestic violence misdemeanors and stalking from owning firearms. Right now, federal law prohibits convicted domestic abusers from having guns, but only if they were convicted of a felony or if they're subject to a restraining order. This bill expands that restriction to include people convicted of misdemeanor domestic violence offenses—meaning lower-level crimes that still involve violence against dating partners, spouses, or family members.

The bill also creates a new federal definition of "misdemeanor stalking" and makes it illegal for convicted stalkers to possess firearms. Under this law, stalking means a pattern of harassment, intimidation, or surveillance that makes someone reasonably fear for their safety or the safety of their family members. The law applies to stalking convictions at the federal, state, tribal, or local level. This is significant because stalking often escalates to violence, and research shows that abusers with access to guns are more likely to kill their victims.

The bill includes important protections to ensure fairness. Someone can only be prohibited from owning guns under this law if they had a lawyer during their trial (or chose not to have one), and if they either had a jury trial or knowingly gave up their right to one. Additionally, if someone's conviction is later expunged, pardoned, or they have their civil rights restored, the gun restriction can be lifted—unless the pardon or restoration specifically says otherwise. This means the law targets people with serious convictions while protecting those whose records have been cleared.

Protecting Domestic Violence and Stalking Victims Act of 2021

Brown, Anthony G.

Protecting Domestic Violence and Stalking Victims Act of 2021 This bill extends federal firearms-related restrictions to individuals who are convicted of misdemeanor stalking offenses. The bill also broadens the scope of domestic violence offenses and court orders that trigger federal firearms-related restrictions.