Director Rosemarie Hidalgo Delivers Remarks at the Battered Women’s Justice Project Webinar: Understanding U.S. v. Rahimi: Practical Considerations

Remarks as Prepared for Delivery

Hello! I want to thank the Battered Women's Justice Project (BWJP) for bringing us all together to continue advancing efforts to address the intersections between domestic violence and firearms in order to enhance safety and support for all survivors and communities. The Office on Violence Against Women (OVW) is pleased to fund the National Resource Center on Domestic Violence and Firearms, and I want to thank the BWJP team, our technical assistance providers on this project, for their critical support and dedication.

I also want to extend my deep gratitude to each of you online with us for your hard work, dedication and service; and for coming together to see how we can continue to learn from one another as we work to prevent and address firearms-related domestic violence.

I am honored to have the opportunity to serve as the Director of the Office on Violence Against Women at the Justice Department and collaborate with so many individuals and organizations dedicated to furthering our nation's commitment to ending domestic violence, dating violence, sexual assault, stalking and other related forms of gender-based violence.

As you know, OVW is tasked with overseeing the implementation of key parts of the Violence Against Women Act (VAWA), landmark bipartisan legislation first enacted by Congress in 1994. The hallmark of VAWA is a coordinated community response, which seeks to bring together agencies and community partners across many disciplines to address the needs of survivors. Because survivors' lives do not exist in silos, it is critical that no individual or entity operates in a silo and that we all work together to prevent and address gender-based violence.

The Justice Department is committed to protecting all victims of domestic violence, and to addressing the high rates of lethality in situations where a firearm is present. Millions of people in the United States are victims of domestic violence, and research has shown that the presence of firearms in these situations significantly increases the risk of death both for victims and for law enforcement responding to these cases.

Over half of the women murdered in the United States are killed by a current or former intimate partner. The presence of firearms significantly escalates the danger in relationships where there is domestic violence - making it five times more likely to result in a homicide. Furthermore, research shows that many mass shootings are connected to domestic violence homicides.

Additionally, we know that many survivors suffer serious, life-long injuries from being shot by an intimate partner. And many others experience trauma from being threatened with a firearm, which also is used by an abusive person to facilitate coercive control.

The heightened threat to individual and public safety makes it crucial to strengthen a coordinated community response to address and prevent intimate partner violence. Effective intervention and support can mean the difference between life and death for victims of intimate partner violence, as well as their children, other family members or colleagues and for the law enforcement officers who respond to the scene of a domestic violence incident.

Congress established critical federal protections nearly 30 years ago to protect domestic violence victims and the broader community. The firearms prohibition for those subject to domestic violence restraining orders is critical to reducing deaths and, in keeping with the history and tradition of the Second Amendment, disarms individuals who pose a serious risk of harm to themselves and others.

The Justice Department vigorously defended this federal protection in court, and we were pleased that the Supreme Court, in an 8-1 decision in U.S. v. Rahimi, upheld Congress's authority to prohibit individuals subject to domestic violence restraining orders issued by a court from possessing or purchasing firearms or ammunition.

Despite this significant legal victory upholding the constitutionality of this firearms prohibition, we know that to really be effective we need to continue to improve the implementation of these critical protections.

This prohibition, along with the federal firearms prohibitions for misdemeanor crimes of domestic violence, are vital tools that courts, law enforcement and prosecutors can rely on to keep survivors, their families and their communities safe. However, we have learned that to effectively implement these prohibitors, it is important to have a coordinated community response that not only involves the criminal and civil justice systems, but that also includes victim advocacy organizations and other community-based organizations.

OVW funds 12 sites across the country through our Firearms Technical Assistance Project (FTAP) to help communities implement policies and promising practices to reduce domestic violence homicides and injuries committed with firearms. I had an opportunity to visit with representatives from all 12 sites in Denver just last month. These sites are implementing innovative strategies and addressing challenges, such as developing effective protocols and updating court forms in the civil and criminal courts for the relinquishment of firearms by adjudicated abusers; addressing issues causing high rates of civil protection orders not to be served; providing timely information to the FBI's National Instant Criminal Background Check System; improving training for law enforcement, prosecutors, courts and community partners; improving language access and partnerships with community-based organizations; and much more.

Prior to the convening, I also visited the FTAP site in Birmingham, Alabama, to see firsthand the difference it is making in strengthening community collaboration to implement the firearms prohibitors and reduce both domestic violence and community violence. Their initiative also included close collaboration with the U.S. Attorney's Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in high risk domestic violence (DV) cases in which the abusive partner was prohibited from possessing a firearm due to a prior felony conviction, regardless of whether the felony was related to DV. Additionally, they highlighted how important it is to provide comprehensive services and support for survivors through their family justice center and other community partners.

Not only are these sites doing critical work in their communities, but they are also helping us to recognize and highlight promising practices that can benefit communities across the country.

We are also working to raise awareness about OVW grant funding that can support the initiatives in your communities that are working to address firearms-related domestic violence. We recently sent a letter to grant administrators in every state and territory informing them about opportunities to use the Services, Training, Officers and Prosecutors (STOP) formula grant program funds to prevent homicides by addressing the intersection of DV and firearms and addressing these issues in the state implementation plans. OVW also highlighted information about available resources and training and technical assistance through the release of a new Resource Guide for Addressing the Intersections of DV and Firearms.

In addition to these efforts, OVW has increased collaboration with key Justice Department components, including ATF, FBI/National Instance Criminal Background Check System (NICS), the Office of Justice Programs, and Executive Office for U.S. Attorneys. Recently, OVW has continued to work with these partners to conduct trainings for stakeholders focused on federal firearm laws that prohibit individuals subject to restraining orders or convicted of misdemeanor domestic violence crimes from possessing or purchasing firearms and ammunition. It also includes a review of the FBI NICS Background Check System and its denials, an overview of collaboration with U.S. Attorneys' Offices for case investigation and prosecution, and guidance on accessing grants and training to support local initiatives.

Additionally, in May this year, the Justice Department issued a new Misdemeanor Crimes Domestic Violence Reference Card. This resource includes information about the new provisions from the recent Bipartisan Safer Communities Act, which narrowed the "boyfriend loophole" by preventing domestic violence offenders in dating relationships from obtaining firearms and prosecuting those who illegally possess them.

As we prepare to commemorate the 30th anniversary of VAWA this September, it is an opportunity for all of us to collectively reflect on the substantial progress that has been made - but also how much further we have to go.

As we move forward, OVW will continue to work tirelessly alongside community partners - victim service providers, law enforcement, prosecutors, courts, community-based organizations and all of you - to explore all avenues to strengthen the implementation of both federal and state laws and ensure access to comprehensive services for survivors. Together, we can build a world where firearms-related domestic violence and other forms of gender-based violence are not tolerated and where safety, healing and justice are available to all. Thank you.

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