1. Enforcing Firearms Surrender
David W. Keck
Director
Safer Families, Safer Communities
Disarming Domestic Violence Offenders
2017 Safer Families, Safer Communities

2. 2017 Safer Families, Safer Communities
Acknowledgement
This project was supported by Grant No TA-AX-K052 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
2017 Safer Families, Safer Communities

3. 2017 Safer Families, Safer Communities
Disclaimer
This presentation is intended to address the state of firearms surrender laws in general. Before applying any of the suggestions in this presentation in your jurisdiction, please verify that your state or local community has not taken measures to pre-empt the enforcement of firearms bans discussed here.
2017 Safer Families, Safer Communities

4. 2017 Safer Families, Safer Communities
Overview
This Presentation is intended to address steps that can be taken in any community to enforce existing bans on firearms, or to implement such bans.
This Presentation does not address:
The reasons why firearms should be removed from DV offenders.
The Second Amendment to the United States Constitution. The presumption is that firearms are taken from individuals who are not permitted to have them.
2017 Safer Families, Safer Communities

5. 2017 Safer Families, Safer Communities
Surrender Protocols
Effective firearm surrender protocols take many forms.
Each engages different players in the legal system.
Each takes its authority from different places.
Each has its advantages.
       None is exclusive of the other.
2017 Safer Families, Safer Communities

6. 2017 Safer Families, Safer Communities
Common Forms
Court-centered
Law Enforcement-centered
Probation-centered
2017 Safer Families, Safer Communities

7. 2017 Safer Families, Safer Communities
Authority
Codes
Federal Prohibitions
State statutes
Local jurisdiction: City or County Ordinances
Court rule:
Statewide
Judicial District
Probation and Parole Rules of Supervision
State, Local, or Federal 
Police Procedures
Statewide, Local jurisdiction
2017 Safer Families, Safer Communities

8. 2017 Safer Families, Safer Communities
Federal Prohibitors
18 U.S.C. 922(g)
(8) Subject to DV Protective Order
(9) Convicted of a Misdemeanor Crime of Domestic Violence
2017 Safer Families, Safer Communities

9. 2017 Safer Families, Safer Communities
Advantages
Law-Enforcement centered surrender protocols:
Early Implementation, while situation still volatile
Law Enforcement has access to and involvement with community
Ability to track, investigate and enforce firearm compliance requirements, pursuant to court orders and existing state laws
Probation/Supervision centered
Active involvement with defendant
Authority and control over defendant
Active communication with victim
Court centered
Court has benefit of history of case
May have ongoing control over defendant
2017 Safer Families, Safer Communities

10. Continuity within Systems
Law enforcement is positioned, trained and equipped to physically take firearms.
Courts in position to make findings and enter orders.
Probation in position to enforce orders, monitor compliance, store firearms.
District Attorney in position to engage all three.
2017 Safer Families, Safer Communities

11. 2017 Safer Families, Safer Communities
Ideal Protocol
Specific procedures
Identified stakeholders
Streamlined logistics
Communication between participants
Flexibility
Buy-In from all players
2017 Safer Families, Safer Communities

12. 2017 Safer Families, Safer Communities
Real-World Concerns
Pre-emption laws
Community Pushback
Apathy/Inertia
2017 Safer Families, Safer Communities

13. Continuum of Contact = Multiple Opportunities
Victim, ER personnel, DV Advocates, Family, Co-workers, Friends, Neighbors (prior to legal system contact)
Police upon responding to disturbance
Law enforcement/Jail personnel upon arrest
Sheriff/Police Department Evidence Technician upon surrender
District Attorney/Victim-Witness personnel upon referral
Court upon Initial Appearance/Bond Hearing/Sentencing/Dismissal
Probation Department upon conviction/violation
2017 Safer Families, Safer Communities

14. 2017 Safer Families, Safer Communities
Prior Intervention
May prevent Harm
May not have (legal) enforceability
Moral obligation
2017 Safer Families, Safer Communities

15. Law Enforcement Intervention
Removal of Firearms from DV Offender
At time of arrest
At scene by consent
As follow-up to investigation
Return of Firearms to Offender
May be restricted
May be mandated
Should be included in policy considerations
Protocols include inquiry about guns in DV cases
2017 Safer Families, Safer Communities

16. 2017 Safer Families, Safer Communities
Prosecution Role
Investigation into Firearms possession by Offender
Consider wishes of victim
Charging Decision
Includes potential for firearms ban in future
Bail conditions
Heightened risk of gun violence
Warning to Defendant upon Conviction
Prosecutor in unique position
Inquiry into Protective Orders
Defendant may have prohibition already in place
Follow-up investigation into compliance
Investigate compliance
Prosecution of Violations
2017 Safer Families, Safer Communities

17. 2017 Safer Families, Safer Communities
Court Role
At initial Appearance
As condition of Release
Upon Conviction
Felony
Misdemeanor Crime of Domestic Violence
Upon issuance of DV Protective Order
NICS Reporting
Order Firearms Identified / Surrendered
Use Immunity
Compliance Hearing
2017 Safer Families, Safer Communities

18. 2017 Safer Families, Safer Communities
Probation Role
Upon commencement of probation
Continued possession as a violation of law
Consider requiring disclosure of firearms possessed
As ongoing supervision
2017 Safer Families, Safer Communities

19. Implementation Options
Voluntary Relinquishment
Law Enforcement
Court
Probation
2017 Safer Families, Safer Communities

20. 2017 Safer Families, Safer Communities
Conclusion
Methods for implementing Firearms Surrender are numerous.
What is required is the will to put them into place.
2017 Safer Families, Safer Communities

21. Contact Safer Families, Safer Communities www.preventdvgunviolence.org
David W. Keck
(920)
Technical assistance
2017 Safer Families, Safer Communities