someone might try to battle the "boyfriend loophole" (although obviously not called that in the legislation). I.e., they call it "Domestic Violence" -
SEC. 12005. MISDEMEANOR CRIME OF DOMESTIC VIOLENCE.
(a) Defining ``Dating Relationship''.--Section 921(a) of title 18,
United States Code, is amended--
(1) in paragraph (33)(A)(ii)--
(A) by striking ``or by a person'' and inserting
``by a person''; and
(B) by inserting before the period at the end the
following: ``, or by a person who has a current or
recent former dating relationship with the victim'';
and
(2) by adding at the end the following:
``(37)(A) The term `dating relationship' means a relationship
between individuals who have or have recently had a continuing serious
relationship of a romantic or intimate nature.
``(B) Whether a relationship constitutes a dating relationship
under subparagraph (A) shall be determined based on consideration of--
``(i) the length of the relationship;
``(ii) the nature of the relationship; and
``(iii) the frequency and type of interaction between the
individuals involved in the relationship.
``(C) A casual acquaintanceship or ordinary fraternization in a
business or social context does not constitute a dating relationship
under subparagraph (A).''.
(b) No Retroactive Application.--The amendments made by subsection
(a) shall not apply to any conviction of a misdemeanor crime of
domestic violence entered before the date of enactment of this Act.
(c) Limitations on Convictions of Crimes of Domestic Violence With
Respect to Dating Relationships.--Section 921(a)(33) of title 18,
United States Code, is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (C)'' and inserting ``subparagraphs (B)
and (C)''; and
(B) in clause (ii), by striking ``State,,'' and
inserting ``State,''; and
(2) by adding at the end the following:
``(C) A person shall not be considered to have been convicted of a
misdemeanor crime of domestic violence against an individual in a
dating relationship for purposes of this chapter if the conviction has
been expunged or set aside, or is an offense for which the person has
been pardoned or has had firearm rights restored unless the
expungement, pardon, or restoration of rights expressly provides that
the person may not ship, transport, possess, or receive firearms:
Provided, That, in the case of a person who has not more than 1
conviction of a misdemeanor crime of domestic violence against an
individual in a dating relationship, and is not otherwise prohibited
under this chapter, the person shall not be disqualified from shipping,
transport, possession, receipt, or purchase of a firearm under this
chapter if 5 years have elapsed from the later of the judgment of
conviction or the completion of the person's custodial or supervisory
sentence, if any, and the person has not subsequently been convicted of
another such offense, a misdemeanor under Federal, State, Tribal, or
local law which has, as an element, the use or attempted use of
physical force, or the threatened use of a deadly weapon, or any other
offense that would disqualify the person under section 922(g). The
national instant criminal background check system established under
section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C.
40901) shall be updated to reflect the status of the person.
Restoration under this subparagraph is not available for a current or
former spouse, parent, or guardian of the victim, a person with whom
the victim shares a child in common, a person who is cohabiting with or
has cohabited with the victim as a spouse, parent, or guardian, or a
person similarly situated to a spouse, parent, or guardian of the
victim.''.
This was a biggy that many org have been trying to get codified and it would be target rich for the loons to go after.
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