Domestic Violence and Firearms: What Judges Can Do to Avert This Deadly Combination Through Firearms Surrender NCJFCJ Annual Conference July 15, 2013 Seattle, WA Judge Susan B. Carbon, Manchester, NH Darren Mitchell, JD, Co Executive Director, Legal Resource Center on Violence Against Women, Takoma Park, MD History of NCJFCJ Involvement Board of Trustees Support (late 1990s) Full Faith and Credit National Conference Articles, seminars, Judicial Institutes 2006 National Firearms Summit (LA) 2005 Burgundy Book 2010 Civil Protection Order Guide (White House recognition) Trainings Focus on Issuance and Enforcement of Civil Protection Orders Prohibitions under Gun Control Act (possession and ownership of guns and ammunition) Qualifying Misdemeanor Crimes of DV (QMCDV) Returns procedures 1
But Little on SURRENDER of firearms And, what judges can do to promote safety on this issue How to navigate state laws What if no state legislation/protocols **No Federal Law on Surrender Scope of the Problem WA State: 1997 to present, 55% of DV homicides committed by firearm NH approximately 50% over past 12 years Over past 25 years, more IPV homicides in US committed by gun than all other weapons combined Judges Can Make a Difference Peer reviewed research demonstrates: Court ordered firearms surrender gets guns out of abusers hands Protection order prohibitions reduce homicide and other violent crimes 2
Judges use of laws to disarm subjects of Protection Orders (Webster et al. 2009) 82 victims with protection orders with armed abusers in CA and NY State law either allowed or mandated judges issuing CPOs to require abusers to surrender their firearms. 26% reported judges used this authority. 45% of victims requested firearm removal from abuser. 12% reported abuser had either surrendered all firearms or had firearms seized. When victims reported that the judge ordered abusers to surrender firearms, victims more likely to report all firearms were either surrendered or confiscated by law enforcement (26% vs. 8% if judge did not order). Evidence that firearm prohibitions for high risk groups reduce violence Domestic violence protection order prohibitions linked to intimate partner homicide reductions of 6% in state level study (Vigdor & Mercy, 2006) and to 19% in study of large cities. (Zeoli & Webster, 2010). Violent misdemeanants gun prohibitions in CA lowered risk for commission of violent crimes 29% among denied group (Wintemute et al., 2001) Source: Daniel W. Webster, ScD, MPH, Johns Hopkins Center for Gun Policy & Research, Johns Hopkins Bloomberg School of Public Health Federal Laws on Firearms and Domestic Violence: A Mini Refresher 3
Federal Laws Regarding Firearms and Domestic Violence Gun Control Act Brady Handgun Violence Prevention Act Gun Control Act Domestic Violence Offenses Possession of a firearm and/or ammunition while subject to a protection order Section 922(g)(8) Possession of a firearm and/or ammunition after conviction of a domestic violence misdemeanor Section 922(g)(9) Knowingly transferring firearm/ammunition to persons federally prohibited Section 922(d) 18 U.S.C. 922(g)(8) Firearm Offenses It is a federal crime to possess a firearm and/or ammunition while subject to a valid qualifying Protection Order. What is a qualifying protection order? (the statute does not use this terminology) 4
922(g)(8) Restrictions Protection Order will qualify if it meets these requirements: Hearing with actual notice and an opportunity to participate; Relationship requirement: intimate partner, child of intimate partner or child of respondent Finding that the defendant posed a credible threat to the physical safety of an intimate partner; OR Explicit prohibition of the use, attempted use or threatened use of physical force that would reasonably be expected to cause bodily injury. Note: Official use exception applies 18 U.S.C. 922(g)(9) ( Lautenberg Amendment ) It is a federal crime to possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. This statute applies to all law enforcement, no Official Use Exception. 922(g)(9) Restrictions Must be a qualifying misdemeanor: Misdemeanor under federal, state or tribal law. Misdemeanor has as an element the use or attempted use of physical force or threatened use of a deadly weapon. Misdemeanor committed by current or former spouse, parent or guardian, by current or former cohabitant, by a person similarly situated to a spouse, parent or guardian of the victim, or by parent with whom the victim shares a child in common. Note: statute includes requirements re: right to counsel/jury trial, as well as how to handle expungements, etc. 5
Stopping Purchases: The Brady Act The Brady Handgun Violence Prevention Act requires all federally licensed gun dealers to obtain a criminal background check of all purchasers before completing a sale Generally made using the National Instant Criminal Background Check System ( NICS ) searches several FBI databases (including the National Crime Information Center Protection Order File) and state criminal history records. The Brady Act The background check is to determine whether the sale would violate any applicable state or federal laws By statute, the FBI search is limited to three business days; if no state or federal prohibitions are uncovered within that period, the sale is allowed to proceed by default Background Checks Help In states where background checks required for all handgun purchases, 38% fewer women killed by IP Since 1998 (when NICS established), 2M blocked purchases by prohibited persons Yet 40% of all purchases are non FFL One third of men who shot/killed/almostkilled intimate had prior DV conviction or protection order and should NOT have had a gun 6
The Question: With or without legislation, what else can you do as a judge to protect victims from firearms, both in individual cases and as leaders in the community and protection order system? Two Groups Jurisdictions with Clear Authority to Prohibit Possession or Surrender/Seizure of Firearms in PO Cases: AK, AZ, CA, CT, DE, DC, FL, HI, IL, IN, ME, MD, MI, MT, NH, NJ, NY, NC, ND, PA, RI, TN, TX, UT, WA, WV, WI Two Groups, cont d Jurisdictions Lacking Clear Authority to Prohibit Possession or Surrender/Seizure of Firearms in PO Cases: AL, AR, CO, GA, ID, IA, KS, KY, LA, MN, MS, MO, NE, NV, NM, OH, OK, OR, SC, SD, VT, VA, WY 7
Moving Forward What will you do to improve your community s response to firearms and domestic violence? Within your court Within the larger CPO system As a community leader Resources National Council of Juvenile and Family Court Judges, Family Violence and Domestic Relations (800) 527 3223 National Center on Protection Orders and Full Faith and Credit (800) 903 0111, ext. 2; http://www.fullfaithandcredit.org Johns Hopkins Center for Gun Policy & Research, Johns Hopkins Bloomberg School of Public Health http://www.jhsph.edu/research/centers andinstitutes/johns hopkins center for gun policy andresearch/ 8
KEY TECHNICAL ASSISTANCE PROVIDERS & OTHER RESOURCES The National Council of Juvenile and Family Court Judges The National Council of Juvenile and Family Court Judges (NCJFCJ) provides focused training, technical assistance, and product development designed to advance the ability of courts, judges, and other professionals to respond to full faith and credit, firearms, and protection order issues. NCJFJC s training, technical assistance, and materials are aimed at enhancing victim safety and offender accountability through effective protection order practice. NCJFJC provides: Multi-disciplinary training and technical assistance around the policies and practices in Civil Protection Orders: A Guide for Improving Practice (CPO Guide), and works with communities to implement the provisions of the CPO Guide. Technical assistance and training to judges and courts around the practices in Full Faith and Credit: A Passport to Safety, A Judge s Guide (Passport to Safety). Technical assistance and training to judges and courts concerning protection order issues, including full faith and credit, firearms, issuance and enforcement. Multi-disciplinary technical assistance and training on Tribal/State court issues regarding full faith and credit and protection order issues. For more information about the CPO Guide and training and technical assistance offered by the NCJFCJ, please contact Nancy Hart at nhart@ncjfcj.org or at (800) 527-3223. The National Center on Protection Orders and Full Faith & Credit The National Center on Protection Orders and Full Faith & Credit s (NCPOFFC) mission is to facilitate implementation of the full faith and credit (FFC) provision (18 U.S.C. 2265) of the Violence Against Women Act (VAWA). NCPOFFC staff actively work to raise public awareness of the FFC provision and provide problem-solving training, technical assistance and support to individuals and jurisdictions for seamless implementation of VAWA. NCPOFFC s mission also includes enhancing enforcement of federal and state firearm prohibitions related to domestic violence, providing education on the VAWA federal domestic violence and stalking crimes, and promoting enforcement of custody provisions within protection orders. NCPOFFC has created many publications to provide guidance to law enforcement, survivors and advocates on FFC as well as a promising practices guide on firearms practices. Through our website, www.fullfaithandcredit.org, visitors can download free copies of our publications and via our toll free number 800-903-0111 prompt 2, NCPOFFC staff are available to assist survivors, attorneys, prosecutors, law enforcement and other allied professionals with all their protection order, firearms, and federal crime related queries. Also available on the website is our report on promising practices regarding enforcement of firearms prohibitions in domestic violence cases, available at: http://www.fullfaithandcredit.org/files/bwjp/files/enforcing%20domestic%20violence%20firearm %20Prohibitions;%20A%20Report%20on%20Promising%20Practices.pdf 1
The Legal Resource Center on Violence Against Women The Legal Resource Center on Violence Against Women (Legal Resource Center) is a national non-profit organization that works to improve legal representation for domestic violence survivors in interstate custody cases so that survivors are not forced to choose between their children and their safety. The Legal Resource Center provides training and technical assistance to attorneys, victim advocates, judges, and other professionals regarding jurisdictional and relocation laws, including the Uniform Child Custody Jurisdiction and Enforcement Act, the Parental Kidnapping Prevention Act, and the Violence Against Women Act. Through its toll-free telephone number ((800) 556-4053), the Legal Resource Center assists survivors with interstate custody and relocation cases by providing them with legal information and helping them to find legal representation in the relevant jurisdictions. The Legal Resource Center maintains a website, www.lrcvaw.org, that provides, among other information, copies of each state s child jurisdictional, personal jurisdiction, and relocation statutes. For more information or for technical assistance, please call the Legal Resource Center at (301) 270-1550 or email us at lrc@lrcvaw.org. International Association of Chiefs of Police The International Association of Chiefs of Police (IACP) is an OVW-funded technical assistance provider and offers two trainings and many tools for law enforcement. National Law Enforcement Leadership Initiative on VAW The Leadership Initiative supports the overall enhancement of efforts by law enforcement leaders nationwide to effectively respond to and investigate crimes of violence against women. This interactive and multi-faceted law enforcement leadership initiative continues to build a national network of law enforcement executives committed to addressing violence against women. The goals of the program are to increase the leadership capacity of law enforcement executives to prioritize violence against women within departments, strengthen the commitment of law enforcement officers to effectively address violence against women, and enhance the ability of law enforcement and communities to respond to victims. Training includes (available at no cost): The National Law Enforcement Leadership Institute Series promotes an enhanced understanding among law enforcement executives of the complex realities and interconnected nature of the crimes of sexual assault, domestic violence, stalking, and human trafficking. Leaders explore innovative approaches for investigating these crimes, learn ways to communicate their commitment to combating violence against women, and set meaningful goals for their agencies and communities. Alumni of the have supported the creation of a national network to further innovative strategies and exchange information on strengthening the response to violence against women. The National Law Enforcement First-Line Supervisor Training explores current approaches and best practices for responding to and investigating the crimes of violence 2
against women. This training is designed to increase understanding of these crimes and instill mentoring, training, and leadership skills. Police Response to Violence Against Women Project (PRVAW) Focuses on the development of tools and policies to assist law enforcement in responding effectively to domestic violence, sexual assault, stalking, and human trafficking. Initially funded in 1997 by the Department of Justice's Office on Violence Against Women to study the issue of domestic violence committed by police officers, a model policy was developed focusing on early intervention, incident response, and investigation procedures. The IACP Policy on Domestic Violence by Police Officers, updated and re-released in 2003, has served as the national model for agencies across the country looking to pro-actively implement policies. Resources and Tools include (available at no cost): Protection Victims of Domestic Violence: A Law Enforcement Officer s Guide to Enforcing Orders of Protection Nationwide Sexual Assault Guidelines: Supplemental Report Form and Investigative Strategies Bringing Sexual Assault Offenders to Justice: A Law Enforcement Response roll call training video. Addressing Sexual Offenses and Misconduct by Law Enforcement: Executive Guide The Crime of Human Trafficking: A Law Enforcement Guide to Identification and Investigation- guidebook and roll-call training video. Center for Court Innovation The Center for Court Innovation (CCI) is a unique public/private partnership that promotes new thinking about how civil and criminal courts and criminal justice agencies can aid victims, change the behavior of offenders and strengthen communities. The Center offers technical assistance to jurisdictions across the country interested in creating or expanding existing domestic violence court projects. As part of its technical assistance, the Center provides person-to-person support, planning toolkits, model documents on a variety of topics including improving collaboration and communication between courts, site visits and evaluation assistance. Additionally, the Center provides assistance with court technology and domestic violence training for non-judicial court personnel. Contact: CCI Domestic Violence Programs, Liberty Aldrich, Director, 646-386-4180, aldrichl@courtinnovation.org. AEquitas AEquitas' ( 'ekwitäs ; EH-qui-tahs) mission is to improve the quality of justice in sexual assault, domestic violence, stalking, human trafficking and dating violence cases by developing, evaluating, and refining prosecution practices that increase victim safety and offender accountability. AEquitas provides prosecutors with the support, training, mentorship, and resources necessary to objectively evaluate and constantly reexamine and refine their approach to justice. AEquitas staff conduct legal research; provide 24/7 case consultation; host specialized or state-specific training events and webinars; provide individual experts to 3
jurisdictions and organizations; and publish articles, monographs, and other resources on topics relevant to the prosecution of violence against women. Contact person: Christina L. Mathews, phone (202) 558-0037 or email cmathews@aequitasresource.org. ABA Commission on Domestic & Sexual Violence Founded in 1994, the American Bar Association Commission on Domestic & Sexual Violence focuses exclusively on improving the legal response to domestic violence and sexual assault. The Commission addresses the acute need to increase the number of well-trained and supported attorneys providing representation to victims by: Providing in-person, web-based, and telephonic technical assistance and continuing legal education opportunities for attorneys, law students, courts and allied legal advocates. Advocating for full-funding for the Violence Against Women Act and other federal legislation to increase and improve services and support for victims of domestic and sexual violence. Collaborating with other ABA entities and national organizations to improve the systemic legal response to domestic and sexual violence. To learn more about the Commission and its activities, please visit our website at www.abanet.org/cdsv. For TA requests, please use the contact us page on the website (direct link: https://abanet.qualtrics.com/se/?sid=sv_dmdkzq0dwehqzvg). Johns Hopkins Bloomberg School of Public Health Center for Gun Policy and Research The Johns Hopkins Center for Gun Policy and Research is dedicated to reducing gun-related injuries and deaths through the application of strong research methods and public health principles. Its faculty have pioneered innovative strategies for reducing gun violence, and achieved a national reputation for high-quality, policy-relevant research. The Center examines the public health effects of guns in society and serves as an objective resource for policy makers, the media, advocacy groups, and the general public. For the past two decades its faculty has helped shape the public agenda in the search for solutions to gun violence. Graduates of the School s academic programs hold leadership positions in the field of gun violence prevention worldwide. To learn more about the Center, please visit our website at http://www.jhsph.edu/research/centers-and-institutes/johns-hopkins-center-for-gun-policy-andresearch/ http://americansforresponsiblesolutions.org/ (Former Congresswoman Gabrielle Gifford's organization) 4
Resources from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): http://www.atf.gov/firearms/faq/misdemeanor-domestic-violence.html (Frequently asked questions re: 18 U.S.C. 922(g)(9)) http://www.atf.gov/files/publications/download/i/atf-i-3310-2.pdf (Information card on 18 U.S.C. 922(g)(8)) http://www.atf.gov/files/publications/download/i/atf-i-3310-3.pdf (Information card on 18 U.S.C. 922(g)(9)) 5