[ad_1]
The Violence Against Women Act (VAWA), a series of laws that affect many areas of the Federal Code, was first proclaimed in 1994. The law provided for federal funding for services offered. victims of domestic and sexual violence. Against Women in the Department of Justice, strengthened the training of law enforcement officials in the area of sexual and domestic violence and increased the penalties for certain sexual crimes (including forcing perpetrators of sexual violence to return victims). VAWA has been re-authorized several times since 1994, often with adjustments or modifications.
In December 2018, the authorization of the law on violence against women was obsolete during the negotiations on the lifting of the closure of the federal government, reported the newspaper. Washington Post at the time:
The law on violence against women expired at midnight, as the government stopped and temporarily suspended funding for programs to help victims of sexual assault, domestic violence and criminal harassment. The 1994 law was hit hard after multiple short-term extensions. The act was due to expire on September 30 and December 7, but received a last-minute reprieve each time. Its programs are funded by the Department of Justice, which is affected by the closure.
VAWA was briefly reauthorized on a temporary basis as part of a permanent resolution passed on January 25, 2019, but it lapses again three weeks later. In April 2019, the US House of Representatives tabled a bill to re-enact the law with amendments aimed in particular at lowering the criminal threshold to prohibit the purchase of weapons in the United States. fire by removing the so-called "boyfriend's loophole" and by limiting the sale of firearms to persons convicted of criminal harassment, as described by NPR:
The most controversial [modifications to VAWA] new provisions to lower the criminal threshold to prevent someone from buying a firearm include convictions for domestic abuse or criminal harassment. The current law applies to convictions for crime. This would also remove the so-called "boyfriend loophole" from expanding existing firearms bans to include dating partners known to be guilty of abuse or criminal harassment.
The National Rifle Association (NRA) objected to these alleged amendments (which we fully presented under this fact-finding) and therefore asked the legislators to oppose the re-authorization of VAWA proposed in a bill. :
The NRA called for a "no" vote and informed Capitol Hill's offices this week that she was noticing how legislators are voting on the bill to measure future ratings and endorsements of the elections … The spokesperson NRA's Jennifer Baker said the group backed the underlying VAWA law, but not the new gun restrictions.
"The gun control lobby and anti-gun politicians intentionally politicize the Violence Against Women Act as a smoke screen to advance their gun control agenda," she said. told NPR. Gun rights activists say the new provisions are too low to deprive anyone of a constitutional right for the rest of his life.
In a speech before the House, House Majority Leader Steny Hoyer highlighted a statistic from the National Coalition Against Domestic Violence showing that the presence of a firearm increased the risk of a firearm. homicide in 500% domestic violence situations:
According to the National Coalition Against Domestic Violence, on average, nearly 20 people a minute, 20 people a minute, are physically assaulted by an intimate partner in the United States. It's a tragedy and a crisis. One in four women experienced severe physical abuse from her intimate partner, and one in seven was harassed by an intimate partner to the point where she felt very frightened or believed that one of her loved ones would be in danger. 39, be injured or killed. . The presence of a firearm in a situation of domestic violence increases the risk – listen to me – increases the risk of homicide by 500%.
That's why we aim to close loopholes by expanding the definition of intimate partners to include dating partners or former dating partners. This is also why this bill contains terms that prevent anyone found guilty of stalking from obtaining a gun.
On April 4, 2019, the House adopted the inclusion of amendments to the purchase of firearms at VAWA despite the NRA's opposition, as indicated by the New York Times:
The House … rejected a relentless National Rifle Association lobbying campaign and approved a revised law on violence against women, which would allow law enforcement agencies to limit arms purchases by convicted domestic assailants. The bill was passed easily (263-158), but the split vote took place on what was once a largely bipartisan measure adopted in 1994. In recent years, partisan resentment about efforts to extend protections of the bill have clouded the efforts of its renewal. this year the division came in between gun control.
This bill went to the Senate, where, Time Democratic Senator Dianne Feinstein and Republican Senator Joni Ernst will try to get their version of the VAWA reintroduction.
The amendments to the federal law proposed in the VAWA Reauthorization Act of 2019 by which the National Rifle Association opposed:
Section 921 (a) of Title 18 of the United States Code (existing text, Deleted text, Text added):
(32) The term 'intimate partner'
Means, in respect of a person, of his spouse, of his former spouse, of a particular parent of his child and of an individual who cohabits or has cohabited with this person.(A) means, in respect of a person, his or her spouse, former spouse, an individual who is the father of a child of the no one and any individual who cohabits or has cohabited with it; and
(B) includes
(i) a romantic partner or former romantic partner (within the meaning of section 2266); and
(ii) any other person equated with a spouse protected by domestic or family violence laws of the state or tribal jurisdiction in which the injury was suffered or where the victim resides. ";(33)
(A) Subject to paragraph (C), the expression "domestic violence offense" is an offense that:
(i) is an offense under Federal, State, municipal, and or tribal law; and
(ii) has, as the element, the use or attempted use of physical force or the threat of use of a deadly weapon, committed by a spouse current or former spouse, intimate partnerthe parent or guardian of the victim, by a person with whom the victim shares a common child, by a person who cohabits or has cohabited with her as a spouse, intimate partnerparent or guardian, or by a person in the same situation as the spouse, parent or guardian of the victim.(34)
(A) the term "criminal harassment offense" means an offense that:
(i) is an offense of criminal harassment punishable under federal, state, tribal or municipal law; and
(ii) is an act of harassment, intimidation or surveillance of another person who
(I) place that person in a reasonable apprehension of material injury to the health or safety of the person
aa) this person;
(bb) a close family member (within the meaning of section 115) of that person;
(cc) a member of that person's household; or
(dd) a spouse or intimate partner of that person; or
(II) causes, attempts to cause or could reasonably be expected to cause emotional distress to a person described in (aa), (bb), (cc) or (dd) of subclause (I).(B) A person shall not be considered to have been convicted of such an offense for the purposes of this Chapter unless:
(i) the person was represented by counsel in the case or knowingly and intelligently waived his or her right to counsel; and
(ii) in the case of a prosecution for the offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, namely:
(I) the case was tried by a jury; or
(II) the person has knowingly and intelligently waived the right to have the matter tried by a jury, guilty plea or otherwise.(C) A person shall not be considered to have been convicted of such an offense for the purposes of this Chapter if the conviction has been struck off or canceled, or if it is 39, an offense for which it has been pardoned or whose civil rights have been restored (if the law of the applicable jurisdiction provides for the loss of civil rights resulting from such an offense), unless the pardon, cancellation or the restoration of civil rights does not expressly provide that the person may not ship, transport, possess or receive firearms. ".
Section 922 of Title 18 of the United States Code (existing text, Deleted text, Text added)
(1)
(d) It is illegal for any person to sell or dispose of a firearm or ammunition to any person who knows or has reasonable cause to believe that person(8) is subject to a court order
prevents that person from harassing, harassing or threatening his or her intimate partner, or the child of that intimate partner, or from engaging in any other conduct that would place the intimate partner in a reasonable fear of bodily injury to the partner or of the child, except that this paragraph applies only to a court decision that:(A) was published after a hearing at which that person received an effective notice and was given an opportunity to participate; and(B)(i) understands that the person poses a credible threat to the physical safety of that intimate partner or that child; or(ii) its terms explicitly prohibit the use, attempted use or threat of use of physical force against an intimate partner or child that would reasonably be expected to cause bodily harm; or
described in paragraph (g) (8);
(9) was convicted in court of domestic violence for misdemeanor.; or
(10) who was sentenced in court for criminal harassment. "[…]
(g) It will be illegal for anyone –
[…](8) which is subject to a court order which-(A) was published after a hearing at which that person received an effective notice and to which that person had an opportunity to participate;(B) prevents that person from harassing, harassing or threatening an intimate partner of that person or child of that intimate partner, or engaging in other conduct that would cause his or her intimate partner to be personally injured; and(C)(i) understands that the person poses a credible threat to the physical safety of that intimate partner or that child; or(ii) its terms explicitly prohibit the use, attempted use or threat of use of physical force against an intimate partner or child that would reasonably be expected to cause bodily harm; or(9) who has been convicted by a Domestic Violence Offense Court, to ship or to transport him into interstate or foreign trade, or to possess in or affecting trade, a weapon fire or ammunition; or to receive a firearm or ammunition that has been shipped or transported in an interstate or foreign trade.
(8) which is the subject of a court order-
(A) which was issued
(i) after a hearing at which that person received an effective notice and to which that person had an opportunity to participate; or
(ii) in the case of an ex parte order, in relation to which the notice and the opportunity to be heard are provided:
(I) within the time required by the laws of the States, tribes or territories; and
(II) in any event, within a reasonable time after the issuance of the order, sufficiently to protect the rights of the person to due process;
(B) that prevents that person from
(i) harass, harass or threaten an intimate partner of that person or child of that intimate partner, or engage in any other conduct that would cause his or her intimate partner to suffer bodily injury; or
(ii) intimidate or dissuade a witness from appearing in court; and
(It's-
(i) understands that the person poses a credible threat to the physical safety of that person described in subparagraph (B); or
(ii) in its terms, explicitly prohibits the use, attempted use, or threat of use of physical force against the individual described in the subclause. paragraph (B) that could reasonably be expected to cause bodily injury;(9) who has been convicted by a Domestic Violence Offense Court, to ship or to transport him into interstate or foreign trade, or to possess in or affecting trade, a weapon fire or ammunition; or to receive firearms or ammunition that have been shipped or transported as part of interstate or foreign trade. or
(10) who was sentenced in court for criminal harassment.
[ad_2]
Source link