FIREARMS & DOMESTIC VIOLENCE: A Look at Some Numbers Nearly 1/3 of all women murdered in the U.S. in 1999 were killed by their current or former intimate partners. Guns were used in almost 2/3 of those domestic homicides. (U.S. DOJ) In 1998 alone, husbands and partners shot and killed 808 American women. (U.S. DOJ) Just having a gun in the home makes a woman 7.2 times more likely to become the victim of a domestic homicide. (Archives of Internal Medicine)

Assaults with firearms involving family and intimate partners are 12 times more likely to be fatal than those not associated with firearms. 267 JAMA 3043 (1992) A gun in a home with previous domestic violence assaults increases the risk of murder to the survivor by 20 times. N. Engl. J. Med. Households with firearms are 7.8 times more likely to have a firearm homicide at the hands of a family member or intimate partner than homes without firearms. 329 N. Engl. J. Med. (1993)

Firearms + Domestic Violence = A Deadly Combination When adjusting for all other risk factors and demographics, the abuser’s access to a gun increased the risk of femicide by an odds ratio of 5.38 (almost 5 & a half- times) in abusive intimate partner relationships. American Journal of Public Health (Vol. 93, No. 7, July 2003)

Possession of Firearm While Subject to a Protection Order: 18 U. S. C Possession of Firearm While Subject to a Protection Order: 18 U.S.C. Sec 922(g)(8) It is a federal crime to possess a firearm or ammunition while subject to a qualifying protective order.

WHAT IS A “QUALIFYING” PROTECTION ORDER FOR THE PURPOSES OF §922(g)(8)? Due Process - After a hearing; actual notice; AND an opportunity to participate Terms of the Order - Must restrain conduct that would place one in reasonable fear of bodily harm Finding of a Credible Threat OR Express Prohibition on Conduct Relationship Requirement

RELATIONSHIP REQUIREMENT 18 U.S.C. 921(a)(32) The protected party must: be a spouse or former spouse; cohabit or have cohabited with respondent; have a child in common; OR be respondent’s child.

EXEMPTIONS 18 U.S.C. 925(a)(1) Law enforcement officers or members of the United States military are entitled to an “official use” exemption. The ATF interpretation specifies that the exemption applies only to service weapons and not to personal weapons.

It is a federal crime to possess a firearm or ammunition after a Possession of Firearm After Conviction of a Misdemeanor Crime of Domestic Violence: 18 U.S.C. Sec 922(g)(9) It is a federal crime to possess a firearm or ammunition after a conviction for a misdemeanor crime of domestic violence.

LAUTENBERG AMENDMENT 18 U.S.C. 922 (g)(9) Signed into law on September 30, 1996. Makes it illegal for a person convicted of a misdemeanor crime of domestic violence to possess or purchase a firearm or ammunition. No exemption for law enforcement or the military. Consistently upheld as constitutional despite challenges.

REQUIREMENTS FOR GUN PROHIBITION UNDER LAUTENBERG Conviction must be for a qualifying DV misdemeanor, as defined, under either state or federal law. Conviction has not been expunged or set aside and the person has not been pardoned or had civil rights restored. Applies to convictions occurring both before and after September 30, 1996.

WHAT IS A “QUALIFYING” MCDV FOR PURPOSES OF §922(g)(9)? Type of Crime - state or federal misdemeanor or conviction in a special or general court martial; AND includes as element use or attempted use of physical force OR threatened use of a deadly weapon Relationship Requirement - (former) spouse; parent or guardian; (former) cohabitation (as a spouse, parent, or guardian); child in common; or similarly situated to a spouse, parent, or guardian Right to Counsel (OR knowingly & intelligently waived that right) Right to a Jury Trial - where there was a right to a jury trial, must have had jury trial OR knowingly and intelligently waived that right OR voluntarily pled guilty

RELATIONSHIP BETWEEN STATE OR TRIBAL AND FEDERAL FIREARM LAWS State or tribal firearm laws do NOT have to be identical to federal laws! The federal prohibitions apply even if they are inconsistent with state or tribal laws.

OFFICIAL USE EXEMPTION UNDER 18 U.S.C. 925(a)(1) The official use exemption does NOT apply to 18 U.S.C. 922(g)(9) (MISDEMEANORS). It applies ONLY to RESTRAINING ORDER cases 18 U.S.C. 922(g)(8). Therefore, law enforcement and military personnel convicted of qualifying misdemeanor crimes of domestic violence will NOT be able to possess or receive firearms or ammunition for any purpose, including the performance of official duties.

Transfers or Return of Firearms It is illegal to transfer or return a firearm or ammunition to: a person subject to a qualifying protection order 18.U.S.C. §922(d)(8) a person convicted of a qualifying misdemeanor crime of domestic violence 18.U.S.C. §922 (d)(9)

Transfers of Firearms 18.U.S.C. §922(d)(8) and (d)(9) The transferor must have known or had reasonable cause to believe that the purchaser/transferee was subject to a protection order or was convicted of misdemeanor crime of domestic violence. It is not “knowing” if the purchaser/transferee states that he is not subject to a protection order or has not been convicted of misdemeanor crime of domestic violence

FIREARMS PENALTIES 18 U.S.C. Sec 924 (a)(2) Up to 10 years imprisonment. Up to a $250,000 fine.

NATIONAL CENTER ON FULL FAITH AND CREDIT (800) 256 - 5883, ext. 2

800-527-3223 National Council of Juvenile and Family Court Judges Family Violence Department 800-527-3223