Senators propose closing 'domestic violence loophole' after Texas shooting

Senators propose closing 'domestic violence loophole' after Texas shooting
© Greg Nash

A bipartisan duo in the Senate is writing legislation to require that the military report domestic violence convictions to the national background check system.

Sens. Jeff FlakeJeffrey (Jeff) Lane FlakeFlake to try to force vote on DACA stopgap plan Congress punts fight over Dreamers to March Outgoing GOP rep: Republican Party 'heading into trouble' in election MORE (R-Ariz.) and Martin HeinrichMartin Trevor HeinrichCongress fails miserably: For Asian-Americans, immigration proposals are personal attacks Senate rejects centrist immigration bill after Trump veto threat Dem senators want list of White House officials with interim security clearances MORE (D-N.M.) said the legislation, if it had been been in place, could have prevented Devin Kelley, the identified shooter in the massacre at First Baptist Church in Sutherland Springs, Texas, from getting a gun. 

"We are often asked after a tragedy like this, 'Why can't you do anything to fix it?' We are looking at specifically something that had it been followed this person would not have been able to obtain a firearm," Flake said.

Kelley received a “bad conduct” discharge from the Air Force after being court-martialed on a domestic violence charge. 

His conviction should have been reported to the FBI’s National Instant Criminal Background Check System (NICS), and could have prevented him from purchasing a firearm legally. 

But Air Force officials on Monday said the Holloman Air Force Base Office of Special Investigation did not enter Kelley’s information into the system.

Flake and Heinrich said it appears the military isn't currently reporting domestic assault charges because, they say, the Uniform Code of Military Justice only has a broader assault category and not specifically one for domestic assault.  

"It's quite clear it's because they don't classify domestic assault as you do in state court. They only have a classification for assault, that's a broader classification. I think it's quite clear that they simply weren't sending those assault records through to the NICS," Flake said. 

The senators said they found only one instance of the military reporting a domestic assault charge into the national background check system.

A separate proposal, enacted in the 1990s, from the late Sen. Frank Lautenberg (D-N.J.) bans individuals convicted of misdemeanor domestic violences charges from owning or buying a gun. 

"We have seen from the data that clearly the intent of the original Lautenberg amendment is not being implemented effectively," Heinrich said.

The press conference came after Flake caught criticism from Donald Trump Jr. over the legislation. 

"Incredibly proactive considering that law has been on the books since the mid 90s," Trump Jr. said on Twitter, replying to an announcement from Flake that he was working on the legislation.

After Flake said the bill was aimed at closing a "loophole," Trump Jr. added: "Wrong. Govt employees, like you, failed to do their job. He did a year for abuse & fracturing his kids skull. Should not have had a gun!"

Flake recently said he won't run for reelection next year. After the announcement, he gave a dramatic floor speech where he assailed President TrumpDonald John TrumpAccuser says Trump should be afraid of the truth Woman behind pro-Trump Facebook page denies being influenced by Russians Shulkin says he has White House approval to root out 'subversion' at VA MORE and the changes he has brought to the Republican Party.

Senators are weighing their next steps in the wake of the shooting in Texas.

Sen. John CornynJohn CornynLawmakers feel pressure on guns Kasich’s campaign website tones down gun language after Florida shooting Murphy: Trump’s support for background check bill shows gun politics ‘shifting rapidly’ MORE (R-Texas) said earlier Tuesday that he would introduce legislation aimed at bolstering information sharing with the national background check system. 

Heinrich said he had a preliminary talk with Cornyn and will be sharing the language of their legislation.