Firearm Dispossession in Multnomah County FAPA Cases

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Presentation transcript:

Firearm Dispossession in Multnomah County FAPA Cases Hon. Maureen McKnight , Chief Family Court Judge Char Woods, Senior Deputy District Attorney LPSCC September 9, 2014

The Link between DV and Firearms LOW incidence but HIGH lethality Although firearm involvement in DV incidents overall is small, Firearm involvement in lethal DV incidents is substantial Associated with LETHALITY, not INCIDENCE 25% of FAPA Petitioners told advocates (6 month query in 2008) YES when asked if the Resp currently had access to firearms

Of 27 Oregon DV victims killed in 2013: National data similar— A 2002 11-city controlled study of IP homicide showed firearms causal is 65% of cases 6 in Mult Cty (more than double the next highest (Coos and Lane at 3). 27% murder-suicides (7 of 26 incidents)

The Link between DV and Firearms Def’s access to firearms  5x higher risk of death in intimate partner context Def’s prior threat/assault with firearm  20 x higher risk of death in intimate partner context Laws prohibiting firearms purchase + possession are more effective than laws only prohibiting possession Oregon FAPA prohibits both

Factors correlated to DV lethality (other than prior physical abuse, found in 70% of dv homicides) W/in PRECEDING 2 years At Time of Incident High control + Separation Access to firearms Unemployment Threats with weapon Any threat to kill Vic has non-joint child in home Access to firearms New relationship by Vic Unemployment Threats with weapon Prior threat with weapon or Victim separating from Def High control + Separation So what are the risk factors for DV lethality? ‘ Prior physical violence is the primary risk factor for dv murder Unemployment is most important demographic risk factor for acts of DV, AND lethality when Protective Factors in each Never cohabited Prior arrests for DV

Surrender Protocols Been a local issue for over 2o years, stymied on issue of storage of weapons New energy in 2011 with Model Surrender Protocols from statewide DV/Firearms Task Force and Commissioner Saltzman’s interest Multnomah County Workgroup tweaked the Model protocols to accommodate our needs: Use data exchange rather than dockets where possible, for efficiency Concentrate on cases with current weapons

All Respondents subject to FAPA orders All FAPA Respondents ordered not to possess firearms All FAPA Respondents ordered not to possess firearms who currently have a weapon, as claimed by FAPA petitioner or found by the Court Our Target

All FAPA Respondents -- get Court sheet re Firearms duties All FAPA Respondents ordered not to possess firearms – must document their compliance by filing the Affidavit re firearm All FAPA Respondents ordered not to possess firearms who currently have a weapon are coded in the court’s case management system Our Target

Memorandum of Understanding Who is Doing What