Publication Date: October 2009
What does it say?
This is a comprehensive report that looks at individual state laws (in all 50 states and the District of Columbia) that govern the removal of guns from abusers in cases of domestic violence. Under Federal law individuals subject to court restraining orders are prohibited from purchasing or possessing guns (Violent Crime Control and Law Enforcement Act 1994) and individuals convicted of domestic violence crimes are not allowed to possess or purchase firearms (Gun Ban for Individuals Convicted of Misdemeanor Crime of Domestic Violence).
The ability of the courts and police officers to take guns out of the hands of abusers is dependent on whether state law specifically authorizes them to do so. There is much variation between states regarding the enforcement of gun removal and the language used in legislation. In some states law enforcement officers are granted the authority to remove guns when responding to cases of domestic violence. Other states authorize the courts to remove guns from offenders and some have laws that empower both law enforcement officers and courts. 23 states have no specific law policy that grants authority to either courts or police officers to confiscate guns from abusers.
The report provides a breakdown of laws by state, listing whether authority for removal lies with law enforcement and/or the courts. Details are also given about whether the state has mandatory (“shall” remove laws) or discretionary (“may” issue laws) laws and the conditions required for the removal of guns.
How can I use it?
Advocates and policy makers can use this report to strengthen state laws and to improve their implementation in states that have existing policies on gun removal. In order to protect victims more must be done to enforce the consistent removal of firearms and keep guns out of the hands of domestic abusers.
Citation
Frattaroli S. Removing Guns from Domestic Violence Offenders: An Analysis of State Level Policies to Prevent Future Abuse, Baltimore, MD: The Johns Hopkins Center for Gun Policy and Research, October 2009.
[1513]