Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2025
- Sponsor
- Sen. Klobuchar, Amy [D-MN]
- Committees
- Judiciary Committee (primary)
- Last action
- Jun 26, 2025
Bottom line
The bill broadens federal firearm restrictions to encompass individuals with misdemeanor convictions for domestic violence against dating partners and for stalking, aiming to enhance protections for survivors.
What it actually does
This bill expands the federal definition of "intimate partner" in Title 18 of the United States Code to include individuals who are or were in a dating relationship, thereby extending existing federal firearm prohibitions to those convicted of misdemeanor domestic violence against dating partners. It also creates a new federal prohibitor for individuals convicted of misdemeanor stalking, defining what constitutes such a crime and applying firearm restrictions to them.
Proponents argue
Proponents argue that the bill closes dangerous loopholes in existing federal law that allow individuals with a history of dating violence or stalking to legally acquire firearms, thereby increasing the risk to victims. They contend that expanding the definition of "intimate partner" and creating a stalking prohibitor will save lives and provide critical protections to survivors who are currently vulnerable.
Opponents contend
Opponents may argue that the bill infringes upon Second Amendment rights by expanding categories of individuals prohibited from owning firearms based on misdemeanor convictions, potentially without sufficient due process protections. Concerns might also be raised about the breadth of the "dating relationship" definition or the potential for overreach in applying federal firearm prohibitions.
The bill text is short and relatively straightforward, allowing for a quick read, but its implications for gun rights and victim protection warrant careful consideration beyond a cursory glance.
Section 2(a)(1) of the bill, amending 18 U.S.C. 921(a)(32)
Inclusion of Current and Former Dating Partners in Definition of "Intimate Partner"
This provision amends the definition of "intimate partner" in federal law to explicitly include individuals who are or were in a dating relationship with the person. This expansion means that federal firearm prohibitions related to misdemeanor crimes of domestic violence will now apply to individuals convicted of such crimes against dating partners, not just spouses or cohabitants.
Supporters argue
Supporters argue this closes the "boyfriend loophole," preventing individuals convicted of domestic violence against dating partners from legally owning firearms, which is a significant risk factor for future violence.
Critics contend
Critics may argue this expands federal firearm prohibitions based on misdemeanor offenses, potentially impacting individuals who committed non-violent acts or whose relationships were not clearly defined as "dating."
Tradeoffs
Balances Second Amendment rights of individuals with misdemeanor convictions against the safety of domestic violence survivors.
Section 2(a)(2) of the bill, amending 18 U.S.C. 921(a)(37)(A)
Definition of "Dating Relationship"
This provision defines "dating relationship" as a "continuing serious relationship of a romantic or intimate nature." For misdemeanor crimes of domestic violence, it specifically includes relationships that "have or have recently had" this nature. This clarifies the scope of the expanded "intimate partner" definition.
Section 2(b) of the bill, amending 18 U.S.C. 921(a)(33)(A)(ii)
Protection for Children of Dating Partners
This provision expands the definition of "misdemeanor crime of domestic violence" to include offenses committed against a child of a person who has a current or recent former dating relationship with the offender's parent, guardian, or similarly situated person. This ensures that violence against children in these contexts also triggers federal firearm prohibitions.
Section 2(c) of the bill, creating new 18 U.S.C. 921(a)(39) and amending 18 U.S.C. 922(d) and (g)
Federal Firearm Prohibitor for Misdemeanor Stalking Convictions
This provision establishes a new federal firearm prohibitor for individuals convicted of a "misdemeanor crime of stalking." It defines stalking as an offense involving a course of harassment, intimidation, or surveillance that places a person (or their family, cohabitant, intimate partner, or pet/service animal) in reasonable fear of harm or causes emotional distress. It also adds this conviction to the list of reasons a person cannot ship, transport, possess, or receive firearms.
Section 2(c)(1)(B) of the bill, creating new 18 U.S.C. 921(a)(39)(B)
Due Process Requirements for Stalking Convictions
This provision specifies that a person is not considered to have been convicted of a misdemeanor crime of stalking for federal firearm prohibition purposes unless they were represented by counsel (or waived it) and, if entitled to a jury trial, either had one or waived it. These are standard due process protections.
Section 2(c)(1)(C) of the bill, creating new 18 U.S.C. 921(a)(39)(C)
Exclusions for Expunged or Pardoned Stalking Convictions
This provision states that a person is not considered to have been convicted of a misdemeanor crime of stalking for federal firearm prohibition purposes if the conviction has been expunged, set aside, pardoned, or if civil rights have been restored, unless the pardon or restoration explicitly prohibits firearm possession. This mirrors existing exceptions for other prohibitors.
The bill expands the definition of "intimate partner" to include current and former dating relationships and defines "dating relationship" as a "continuing serious relationship of a romantic or intimate nature."
Section 2(a)(1)(B) and (2) (Definition of "intimate partner" and "dating relationship")
Why it matters:It is standard legislative practice to define terms within the definitions section of a statute.
Case for: Proponents argue this provides necessary clarity and breadth to cover a wide range of abusive relationships, closing a critical loophole.
Case against: Critics might argue the term "continuing serious relationship" could still be open to subjective interpretation, leading to inconsistent application across jurisdictions.
Estimated impact: Significantly expands the scope of federal firearm prohibitions to a larger population of domestic abusers.
The definition of "misdemeanor crime of stalking" includes placing a person in reasonable fear of actual harm to the health or safety of "the pet, service animal, or emotional support animal... of that person."
Section 2(c)(1)(A)(ii)(I)(ee) (Stalking definition includes pets/service animals)
Why it matters:Specific elements within definitions are often detailed and can be missed in a surface-level review.
Case for: Proponents argue that abusers often use threats or harm to pets as a means of control and intimidation against victims, and including this element recognizes a common tactic of abuse.
Case against: Some might argue that including harm to animals in a definition that leads to firearm prohibition is an overreach or disproportionate, especially for a misdemeanor.
Estimated impact: Provides an additional avenue for prosecuting stalking and applying firearm prohibitions, recognizing a specific form of coercive control.