Washington (CNN) –– “It’s now or never,” is how Sen. John Cornyn, the lead Republican negotiator on the bipartisan gun control package, described last week’s deliberations.
Talks to try to resolve major sticking points have moved in a much more positive direction since last Thursday, a source close to the discussions told CNN’s Lauren Fox on Sunday. But senators face a race against time before the July 4 recess, which begins at the end of the week, to transform a comprehensive agreement on gun safety into legislation that can pass both the Senate and the House. .
What are the biggest sticking points? The funding of early warning laws and what to do about the so-called “couples loophole”. Two issues that pose a number of thorny challenges for negotiators. Although, the “couples loophole” has been specifically cited as a considerable hurdle.
Here’s everything you need to know about that loophole and why it’s become such a major challenge for gun control negotiations.
What is the “couple loophole” on guns?
The “partner loophole” raises the issue of whether an unmarried person can have guns if they are convicted of violence against a dating partner.
Currently, federal law in the United States only prohibits people from acquiring a firearm if they are convicted of domestic violence while:
- They live with their partner
- They are married to their partner
- They have a child with their partner
Democratic lawmakers have long sought to expand the law to include dating couples, convicted stalkers and anyone under a protection order. But so far, the measure does not apply to unmarried couples in a relationship, hence the nickname “couples loophole.”
Resolving that loophole would mean that anyone who is considered to have been in a serious dating relationship and has a domestic violence conviction would no longer be able to own a gun.
What does the research reveal?
Advocates of closing the “couples loophole” have repeatedly pointed to a number of facts they say underscore the need to address it.
These two distinct but related studies are worth reading:
- An average of 70 women are killed by their intimate partners with firearms each month, according to an analysis of data from the US Centers for Disease Control and Prevention (CDC) that conducted by the nonprofit organization Everytown for Gun Safety.
- Access to a gun led to a marked increase in a woman’s risk of being killed in a relationship with a history of domestic violence, according to a 2003 study funded by the National Institutes of Health.
Also, more broadly, another study by Everytown for Gun Safety found that there is a direct correlation between states with less strict gun laws and higher rates of gun deaths, including homicides, suicides, and accidental deaths.
The organization’s analysis places California at the top of the list for strong gun laws. The state has a composite score of 84.5 out of 100, with a low rate of 8.5 gun deaths per 100,000 population. It is even below the national average of 13.6.
Hawaii has the lowest rate of gun deaths in the entire United States, with the second-highest score for strict gun laws. It also has the lowest rate of gun ownership, at just 9% of households, the data shows.
Has any state solved the “couples loophole”?
At least 19 states have enacted laws addressing the “partnership loophole,” according to data compiled by Everytown for Gun Safety.
They include California, Connecticut, Delaware, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Nebraska, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and West Virginia.
Other states — like Alabama, Colorado and Iowa — ban people convicted of domestic violence from owning guns, but they don’t specifically close the loophole.
What is the challenge for the arms control negotiations?
In their main framework of the agreement, lawmakers agreed to extend the ban on purchasing firearms for those convicted of domestic violence against a partner with whom they are in a serious relationship, even if they are not married and do not meet the other criteria.
But defining what kind of relationship would fit those conditions has been a point of debate among the group.
Misdemeanor Disagreements
There are also disagreements about whether people convicted of misdemeanors should have the opportunity to reinstate their ability to buy or own a gun in the future.
Cornyn said last week that there was discussion about whether someone’s “misdemeanor” conviction against a partner would be grounds for taking that person’s gun away, as well as how to define a domestic partner.
Describing the issue, the Texas Republican said Wednesday that “the problem has to do with the way non-traditional relationships are handled in terms of domestic violence and misdemeanors. We have to come to a good definition of what that is.” really it means”.
And he added: “What this does is add a category, a barrier for people to buy a firearm if they fall into that category. So, it must be clear and it must be something that can really be applied, because we are talking about consequences quite serious associated with that.”
Why are gun groups opposed to closing the “couples loophole”?
The National Rifle Association (NRA) and other pro-gun groups have long opposed closing the “partnership loophole.” And they have framed it as an attempt by Democrats to promote a gun control agenda.
Earlier this year, the NRA lobbied aggressively (and successfully) to keep in check any legislation that addresses the loophole outside of the reauthorization of the Violence Against Women Act.
Following news of the bipartisan gun safety agreement last week, the NRA said it “will continue to oppose any efforts to insert gun control policies, initiatives that override constitutional due process protections, and efforts to deprive respectful citizens of the law of their fundamental right to protect themselves and their loved ones in this or any other legislation.”
It remains to be seen how much influence that opposition will have on what ends up included in the final legislative text.
What else is in the arms deal?
Beyond trying to address the “couples loophole,” the proposal announced last Sunday “increases needed mental health resources, improves school safety and student support, and helps ensure that criminals dangerous and those who are declared mentally ill cannot buy weapons,” according to a statement from the senators negotiating it.
The announcement included the support of 10 Republican senators, which would give the proposal enough votes to overcome Senate filibuster. But whether that support can be sustained throughout the legislative process will be a key factor to watch.
CNN’s Lauren Fox and Devan Cole detailed the points included in the agreement.
CNN’s Manu Raju, Lauren Fox and Clare Foran all contributed to this report.
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