States taking action to keep guns out of abusers' hands

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SUMMARY: States taking action to keep guns out of abusers' hands

More than a dozen states have strengthened laws over the past two years to keep firearms out of the hands of domestic abusers, a rare area of consensus in the nation's highly polarized debate over guns.

Lawmakers and governors of both parties have supported bills stripping gun rights from those who have been convicted of domestic violence-related crimes or are subject to protective orders. The measures have been backed by victims' advocates, law enforcement groups and gun control supporters who see easy access to firearms as a major contributor to domestic violence killings.

"We have had several instances where threats have been made with guns, either in domestic cases or otherwise," said Saline County State's Attorney Mike Henshaw. "In those instances the police have defused the situation and removed all guns from the home."

The National Rifle Association has taken a cautious approach toward such efforts, opposing the farthest-reaching measures but staying neutral or negotiating compromises on others. For example, the NRA has fought provisions that would require people to surrender their guns before they have a chance to contest allegations made in a request for an emergency protective order.

"The truth of the matter is, threats happen with guns, but in this small area we don't have a lot of actual 'domestic gun violence'," Assistant State's Attorney Jayson Clark said.

The push in the states is driven by stories of women and children killed or wounded by known abusers, and by statistics showing that hostile relationships often turn deadly when guns are present.

An average of 760 Americans were killed with guns annually by spouses, ex-spouses or dating partners between 2006 and 2014, 38 of those were located in Illinois.

The Illinois data the Associated Press reported is incomplete, listing only Rockford and Chicago. The total is seen as an undercount because not all law enforcement agencies report such information, and it doesn't include children and other bystanders who were killed. More than 80 percent of those killed were women.

"Domestic violence is definitely an issue in our area and pretty much everywhere else, but domestic 'gun' violence isn't a pressing issue on a local level," said Harrisburg police Chief Whipper Johnson.

Federal law has long prohibited felons, those convicted of misdemeanor domestic abuse crimes and individuals subject to permanent protective orders from buying or owning guns. Critics say the federal law is too weak because it does not apply to dating relationships, does not ban guns during temporary protective orders and does not establish procedures for abusers to surrender firearms.

States have been passing their own laws to match or exceed the federal prohibitions, delighting gun control advocates.

"The bigger problem are those possessing guns illegally either on their person or in a vehicle," Johnson said. "Another big issue is improper gun storage, allowing children to get their hands on them."

In a report by the Law Center to Prevent Gun Violence, Under Illinois law, a person commits domestic battery if he or she knowingly, without legal justification causes bodily harm to a family or household member, or makes physical contact of an insulting or provoking nature with a family or household member.

In addition, a fIrearm owners identification or FOID card will be denied or revoked if the applicant or cardholder is prohibited from acquiring or possessing firearms or ammunition by federal law.

Studies by public health researchers have generally concluded that such laws, when properly implemented, can reduce deaths.

Gun rights advocates say some of the laws are applied too broadly.

According to the Associated Press, South Carolina and Wisconsin are two of the states dominated by Republicans and with a strong tradition of gun ownership that have taken steps to restrict abusers' access to guns.

In Wisconsin, Gov. Scott Walker, a former GOP presidential candidate, signed a law in 2014 requiring people subject to domestic abuse restraining orders to turn over their guns within 48 hours. The NRA stayed neutral after negotiating language that allows individuals to seek the return of their weapons once restraining orders are lifted.

Gov. Nikki Haley of South Carolina also signed a measure, in June, that includes a life ban on gun ownership for the most serious domestic violence offenders.