Explore The NRA Universe Of Websites

APPEARS IN News

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

Tuesday, June 21, 2022

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

At present, federal law generally bars anyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federal law also imposes a lifetime firearm possession prohibition on those who have been convicted in any court of a “misdemeanor crime of domestic violence” (MCDV). Under the federal statute, in order for a misdemeanor conviction to trigger the firearm ban, the conduct must have been both “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.

IN THIS ARTICLE
Domestic Violence Lautenberg
TRENDING NOW
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

News  

Monday, December 22, 2025

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

DOJ (Again) Goes to Court to Defend 2A

News  

Monday, December 22, 2025

DOJ (Again) Goes to Court to Defend 2A

We recently reported that the Department of Justice (DOJ) announced it had created a new section under its Civil Rights Division—the first ever dedicated to protecting the constitutional right to keep and bear arms.  

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

News  

Monday, December 22, 2025

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

President Donald Trump issued an Executive Order earlier this year on “politicized or unlawful debanking” and so-called “reputational risk” assessments that financial institutions used in denying services because of a customer’s political or religious beliefs ...

Tenth Circuit Lets NRA’s Victory Stand in New Mexico Waiting Period Case

Tuesday, December 23, 2025

Tenth Circuit Lets NRA’s Victory Stand in New Mexico Waiting Period Case

The U.S. Court of Appeals for the Tenth Circuit has denied New Mexico’s petition for rehearing en banc in Ortega v. Grisham, allowing a prior ruling invalidating the state’s firearm waiting period law to remain in effect.

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.