Firearms Divestiture Procedures Sheriff Craig Webre, Lafourche Parish 2015 Domestic Relations Seminar LOUISIANA JUDICIAL COLLEGE August 13-14, 2015 New Orleans, Louisiana
Firearm Divestiture Implementing a Practical Process Sheriff Craig Webre Lieutenant Valerie Martinez Lafourche Parish Sheriff s Office Firearm Divestiture While laws establish the prohibition of firearm possession, the law does not specify a firearm divestiture process in Louisiana. Firearm Divestiture This presents the opportunity for creativity and innovation to develop a safe, effective, and practical mechanism in which to divest. 1
Presentation Overview Review Firearm Divestiture Legislation Implementation of Legislation Detailed View of L.P.S.O. Process Firearm Possession Prohibitions FEDERAL 18 U.S.C. 922(g)(8) Qualifying Protective Orders Exception for military and law enforcement 18 U.S.C. 922(g)(9) Domestic Abuse Convictions NO exception for military and law enforcement Firearm Possession Prohibitions LOUISIANA R.S. 46:2136.3 (CIVIL) Qualifying Protective Orders R.S. 14:95.10 (CRIMINAL) Domestic Abuse Convictions 2
Firearm Possession Prohibitions R.S. 46:2136.3 (CIVIL) Qualifying Protective Order Defendant poses credible threat to physical safety Involves specific relationship to victim(s) Defendant allowed to participate in contradictory hearing Prohibition is identified in Protective Order Defendant must be lawfully served Firearm Possession Prohibitions R.S. 46:2136.3 (CIVIL) Period of Prohibition: Duration of the Protective Order Enforcement: Contempt of Court (R.S. 46:2137) Up to 6 months in jail and/or $500 fine Violation of a Protective Order (R.S. 14:79) R.S. 14:79 Penalties Fines and/or Jail Enhanceable up to a Felony Battery is a factor 3rd violation involving battery within 5 years: 1 year min. / 5 years max. 3
Firearm Possession Prohibitions R.S. 14:95.10 (CRIMINAL) Required Elements: R.S. 14:35.3 conviction Defendant represented by counsel or knowingly waived right Jury trial or defendant knowingly waived right Period of Prohibition: 10 years upon completion of sentence, probation, parole, or suspension of sentence. Firearm Possession Prohibitions R.S. 14:95.10* (CRIMINAL) Penalty: Incarceration: min. 1 year / max. 5 years Fine: min. $500 / max. $1,000 *NOTE: Also prohibits concealed weapons. Implementation of Laws 4
Groundwork for Divestiture 1. Identify all defendants subject to laws 2. Inform those defendants of the laws 3. Offer assistance with divestiture 4. Enforce the laws 5. Monitor prohibited possessors Collaboration Courts / Judges District Attorney s Office Clerk of Court Law Enforcement Agencies Courts / Judges For R.S. 14:95.10, ensure defendant is: represented by counsel or waives right tried by a jury or waives right (if applicable) Ensure protective orders meets statutory requirements Suggestions: Inform defendants about prohibition laws Enforce compliance with prohibition laws Identify source(s) of divestiture assistance 5
District Attorney s Office Prosecute domestic abuse charges Ensure convictions are for R.S. 14:35.3 - Domestic Abuse Battery Give notice to law enforcement of R.S. 14:35.3 convictions Utilize a Domestic Violence Prosecutor Assist Judges to ensure compliance with R.S. 14:95.10 (right to counsel & jury trial) Clerk of Court Per R.S. 46:2135, must expeditiously send to Law Enforcement (by end of next business day) Any Protective Order issued / modified / extended / dismissed Any Stay-away Order issued as a bond restriction Provide 24-hour access to conviction minutes Law Enforcement Agencies Overview Facilitate divestiture Identify and flag prohibited possessors Monitor / Investigate Enforcement 6
L.P.S.O. Process L.P.S.O. Process STEP 1: Create new case for each defendant Qualifying protective orders via Clerk of Court Domestic Abuse convictions via District Attorney Scan documentation into electronic case file Law Enforcement Data System 7
Case Overview Document Scans Conviction Minutes Protective Order L.P.S.O. Process STEP 1: Create a new case for each defendant STEP 2: Serve notice of laws to each defendant Notification/Acknowledgement Form Assist with firearms divestiture 8
Firearms Acknowledgement Form 1. Informs defendant of state and federal laws 2. Asks defendant whether he/she possesses firearms 3. Lists consequences for non-compliance and for failure to return form Do You Possess Firearms? YES Offer to assist with third-party transfer Ensure third party can lawfully possess Outline duties/responsibilities of third party Indicate consequences for allowing defendant to take possession *PRIMARY BENEFIT:* Ensuring physical separation of the defendant from the firearm. Do You Possess Firearms? YES Law Enforcement Safekeeping/Holding Protect integrity of the weapon Storage charge or damage waiver Facilitate legal sale/transfer to third party Accept irrevocable donation Handle abandonment of weapon R.S. 15:41 (property seized in criminal proceeding) R.S. 33:2333 (stolen, seized, or relinquished property) Repurpose/Sell 9
Do You Possess Firearms? YES Facilitate a legal sale/transfer to third party Accept irrevocable donation Do You Possess Firearms? NO If defendant DOES NOT possess firearms: Case is closed but monitored L.P.S.O. Process STEP 1: Create a new case for each defendant STEP 2: Serve notice of laws to each defendant STEP 3: Track/Monitor prohibited possessors Simplify the process for officers in the field Remove the guess-work 10
Tracking Prohibited Possessors Color-coded alerts: RED: Domestic Violence Convictions GREEN: Qualifying Protective Orders BLUE: Federally Prohibited Possessors Tracking Prohibited Possessors Tracking Prohibited Possessors 11
Tracking Prohibited Possessors Tracking Prohibited Possessors Tracking Prohibited Possessors 12
Monitoring Prohibited Possessors Current numbers of defendants with alerts: STATE (D.V. Convictions): 300 STATE (Protective Orders): 138 FEDERAL: 454 Legal Enhancements Require firearm possession declaration Declare in open court Self-incrimination Establish effective date/time of prohibition Declare to law enforcement Require proof of firearm divestiture Legal Enhancements R.S. 14:95.10 Interruption of 10-year prescriptive period Mandate legal repository Release of weapons Judicial authorization 13
Our Goals Move for statewide consistency Offer training in best practices to law enforcement agencies 14