Rep. Seth Moulton has introduced the End Domestic Terrorism Act, alongside Texas Rep. Veronica Escobar, which would allow U.S. law enforcement to prosecute certain mass shootings as acts of terrorism.
The End Domestic Terrorism Act would also enable law enforcement, in the wake of an attack, to uncover the broader network that supported it.
“Our federal Material Support Statute allows law enforcement to expose whole networks of terrorists, but it isn’t applicable to domestic terrorists. While some domestic terrorists are lone wolves, others get support and encouragement from people who share their extremist ideologies, especially online,” Moulton said. “Law enforcement needs to be able to go after those actors and change the culture of impunity. No one should feel comfortable planning a terror attack in a group chat or message board because they know they can hide behind the anonymity of a screen.”
Moulton explained what inspired the End Domestic Terrorism Act.
“When a mass shooting happens, it scars an entire community,” he began. “Witnesses often experience post-traumatic stress and require mental health assistance, and even those that don’t witness the attack firsthand can be scared to leave their homes, go to work, or be in the community. Schools get shut down. Businesses close from lack of business.
“But when a domestic terrorist commits a mass shooting, federal law enforcement has a tough time charging (them) with that crime or investigating the network that planned the attack, because our laws only allow for that when the perpetrator is involved with a foreign terrorist organization,” Moulton said.
“Domestic terrorism is terrorism. It’s time for the law to catch up,” he added. “My bill would not only allow mass shooters to be legally treated as terrorists, but it would also expand our ability to prosecute the networks of online enablers and criminals aiding these attacks.”
Ashbey Beasley shared her perspective as a gun violence survivor.
“On July 4, 2022, a man opened fire on a Fourth of July parade in Highland Park, Illinois, killing seven people, injuring 48, and traumatizing thousands. My 6-year-old son and I ran for our lives that day,” Beasley said. “As I followed the criminal proceedings, I was shocked to learn that our shooter would not be charged with terrorism.
“It’s disheartening that mass shooters like ours are rarely charged with terrorism,” she said. “My hope is that the End Domestic Terrorism Act will ensure that every mass shooter who intimidates our civilian population through these horrific acts of violence will be held accountable to the fullest extent of the law.”
When asked why now was the time to take action against domestic terrorism, Moulton explained that the first iteration of the bill was introduced in July 2022. He said, “Over 700 people had been killed in mass shootings the year before. … Then, in May 2022, an avowed white supremacist published a manifesto on the ‘Great Replacement Theory’ and murdered 10 Black people.”
He continued, “It’s insanity that someone can publish a manifesto against a specific group, try to eliminate them from this country through mass violence, and not be federally charged as a terrorist.”
The End Domestic Terrorism Act stipulates that a mass shooting can be considered an act of terrorism only if it results in at least three fatalities, the shooter uses a qualified semi-automatic or fully automatic rifle, and the shooting happens in one of the public, populated spaces commonly targeted by mass shooters.
These additional guardrails work to ensure the statute will not be misused to target traditionally over-policed communities or apply unfairly to those who commit interpersonal crimes that, while horrific, don’t have terrorist intent or impact.
The End Domestic Terrorism Act also:
- Requires the Department of Justice to report arrest and prosecution data, allowing Congress to exercise its oversight responsibilities and ensure the law is being implemented in the intended manner.
- Adds the new domestic terrorism statute to the existing federal “material support” statute, allowing law enforcement to conduct a thorough investigation and prosecution of an entire terrorist network following an attack. The fact domestic terrorists are currently excluded from this statute effectively handicaps law enforcement and gives those who provided material support to the mass shooter the time to cover their tracks or assist in the planning of another shooting.
- Requires the Department of Justice to publish a report after each attack on the number of witnesses and amount of monetary damage caused, including through lost business revenue, medical bills, and survivor assistance programs.
- Helps bring justice to the offenders and protect all Americans from more senseless violence. Acts of domestic terror have devastated dozens of communities across our country, taken the lives of far too many friends and neighbors, and injured our national consciousness.
“This bill aligns our laws to reality,” Moulton said. “People who go into public places for the purpose of murdering as many people as they can should have to bear the terrorist charge because that is what they are. It makes no difference whether their violent ideology comes from abroad or developed here in America.”
