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Action in the Face of Indifference

Dear Neighbor,

This week, the Governor called a special session of the Virginia General Assembly to address the scourge of gun violence that still plagues our Commonwealth, and our nation, some 12 years after the massacre at Virginia Tech that killed 32 people and was, at the time, the deadliest mass shooting in American history. The following week, I attended the funerals of six young members of our community who were taken far too soon.

Instead of taking action, Republican majorities in the General Assembly shamefully voted to adjourn the special session just 90 minutes after it began, without debating or voting on a single gun safety measure. Instead of honoring the 12 victims of the Virginia Beach shooting with meaningful change, they chose to stand in shame with the NRA. That is cowardice.

Enough is enough. We don’t have the luxury of waiting for Republicans in Richmond to abandon their Faustian bargain with the NRA and finally do their jobs. So, in the face of their indifference, I choose to act.

Last night, the House of Representatives agreed to include in the National Defense Authorization Act my amendment ensuring that U.S. servicemembers convicted of domestic violence cannot obtain firearms:

The Department of Defense Inspector General issued a report in April that highlights DOD’s consistent failure to report to the National Instant Criminal Background Check System (NICS) servicemembers with domestic violence convictions who are prohibited from purchasing firearms under current law. In fact, out of the 219 domestic violence cases examined by the Inspector General, 201 were found NOT to comply with at least one of the Defense Department’s policies for reporting domestic violence.

Additionally, under current law, Military Protective Orders (MPOs) issued by unit commanders in response to domestic violence incidents do not prohibit individuals from purchasing firearms. However, comparable civilian protective orders issued by judges do prevent such purchases. This lack of parity creates a false sense of security for victims who have already been through so much.

This is plainly unacceptable, because we know how well NICS works when the information reported to it is complete and accurate. According to the FBI, 206,080 gun purchases were denied from November 30, 1998 - December 31, 2018 based on domestic violence convictions or protective orders based on domestic violence. The need for protection is clearly apparent.

This is not an abstract problem, nor is it part of a philosophical debate about the Second Amendment. It is a dangerous failure to act with devastating real-world consequences. One of the domestic abusers who DOD failed to report was Devin Kelley, who shot and killed 27 people in a church in Sutherland Springs, Texas in November 2017. Had the military submitted his fingerprints and his felony-level domestic violence conviction to the FBI, he would have been prohibited from purchasing the very firearms he used to inflict such carnage.

But this is not just about protecting civilians. Often, the victims of domestic violence at the hands of servicemembers are members of the military themselves. According to the Department of Veterans Affairs, 30 percent of female veterans report having been a victim of domestic violence within their adult life, and 22 percent say the abuse occurred while on Active Duty. And, according to DOD, in more than 30 percent of domestic violence cases where the victim is a member of the military, their spouse is also a member of the military.

My amendment requires DOD, by law, to report all such information to the NICS for every servicemember with a conviction that should prevent them from purchasing a firearm under current law. The legislation also would direct DOD to determine if there is a way to ensure that Military Protective Orders carry the same weight as their civilian counterparts in prohibiting the sale of firearms to domestic abusers. In short, my amendment is a crucial step in the process of reforming how the military handles domestic violence incidents by compelling DOD to fully comply with existing statutory prohibitions on access to firearms.

Please know that I will continue to stand up to the NRA and fight to protect our communities from this senseless epidemic of gun violence.

Sincerely,
Gerald E. Connolly
Member of Congress

P.S. You can watch my full statement on the House floor here.
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