Enforcing Firearms Surrender - PowerPoint Presentation

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Enforcing Firearms Surrender

David W. KeckDirector Safer Families, Safer CommunitiesDisarming Domestic Violence Offenders

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Acknowledgement

This project was supported by Grant No. 2016-TA-AX-K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

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Disclaimer

This presentation is intended to address the state of firearms surrender laws in general. Before applying any of the suggestions in this presentation in your jurisdiction, please verify that your state or local community has not taken measures to pre-empt the enforcement of firearms bans discussed here.

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Overview

This Presentation is intended to address steps that can be taken in any community to enforce existing bans on firearms, or to implement such bans.

This Presentation does

not

address:

The reasons why firearms should be removed from DV offenders.

The Second Amendment to the United States Constitution. The presumption is that firearms are taken from individuals who are not permitted to have them.

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Surrender Protocols

Effective firearm surrender protocols take many forms.

Each engages different players in the legal system.

Each takes its authority from different places.

Each has its advantages.

       None is exclusive of the other.

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Common Forms

Court-centeredLaw Enforcement-centeredProbation-centered

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Authority

Codes

Federal Prohibitions

State statutes

Local jurisdiction: City or County Ordinances

Court rule:

Statewide

Judicial District

Probation and Parole Rules of Supervision

State, Local, or Federal 

Police Procedures

Statewide, Local jurisdiction

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Federal Prohibitors

18 U.S.C. 922(g)(8) Subject to DV Protective Order

(9) Convicted of a Misdemeanor Crime of Domestic Violence

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Advantages

Law-Enforcement centered surrender protocols:Early Implementation, while situation still volatile

Law Enforcement has access to and involvement with community

Ability to track, investigate and enforce firearm compliance requirements, pursuant to court orders and existing state laws

Probation/Supervision centered

Active involvement with defendant

Authority and control over defendant

Active communication with victim

Court centered

Court has benefit of history of case

May have ongoing control over defendant2017 Safer Families, Safer Communities Slide10

Continuity within Systems

Law enforcement is positioned, trained and equipped to physically take firearms.Courts in position to make findings and enter orders.Probation in position to enforce orders, monitor compliance, store firearms.

District Attorney in position to engage all three.

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Ideal Protocol

Specific proceduresIdentified stakeholdersStreamlined logisticsCommunication between participants

Flexibility

Buy-In from all players

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Real-World Concerns

Pre-emption lawsCommunity PushbackApathy/Inertia

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Continuum of Contact = Multiple Opportunities

Victim, ER personnel, DV Advocates, Family, Co-workers, Friends, Neighbors (prior to legal system contact)

Police upon responding to disturbance

Law enforcement/Jail personnel upon arrest

Sheriff/Police Department Evidence Technician upon surrender

District Attorney/Victim-Witness personnel upon referral

Court upon Initial Appearance/Bond Hearing/Sentencing/Dismissal

Probation Department upon conviction/violation

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Prior Intervention

May prevent Harm

May not have (legal) enforceability

Moral obligation

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Law Enforcement Intervention

Removal of Firearms from DV Offender

At time of arrest

At scene by consent

As follow-up to investigation

Return of Firearms to Offender

May be restricted

May be mandated

Should be included in policy considerations

Protocols include inquiry about guns in DV cases

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Prosecution Role

Investigation into Firearms possession by OffenderConsider wishes of victim

Charging Decision

Includes potential for firearms ban in future

Bail conditionsHeightened risk of gun violence Warning to Defendant upon Conviction

Prosecutor in unique position

Inquiry into Protective Orders

Defendant may have prohibition already in place

Follow-up investigation into compliance

Investigate compliance

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Court Role

At initial AppearanceAs condition of ReleaseUpon Conviction

Felony

Misdemeanor Crime of Domestic Violence

Upon issuance of DV Protective OrderNICS Reporting

Order Firearms Identified / Surrendered

Use Immunity

Compliance Hearing

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Probation Role

Upon commencement of probationContinued possession as a violation of lawConsider requiring disclosure of firearms possessed

As ongoing supervision

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Implementation Options

Voluntary RelinquishmentLaw Enforcement

Court

Probation

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Conclusion

Methods for implementing Firearms Surrender are numerous.What is required is the will to put them into place.

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Contact Safer Families, Safer Communities

www.preventdvgunviolence.org David W. Keck

dkeck@bwjp.org

(920) 602-3109

Technical assistance

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