Removing Firearms From Those Prohibited From Possession by Domestic Violence Restraining Orders: A Survey and Analysis of State Laws

Abstract

Under federal and many state laws, persons under domestic violence restraining orders (DVROs) are prohibited from possession of firearms. Using multiple sources and a Lexis Nexis search, we developed a list of state laws pertaining to the relinquishment or removal of firearms from persons prohibited from possession by DVROs. After downloading the text of each law, we conducted a legal analysis to enumerate provisions of the laws specifying implementation. We found 49 laws in 29 states and Washington, DC. The laws were conceptualized as instructions to the court, the respondent, and law enforcement. We detail the content of each state's law, including such elements as whether it applies to ex parte DVROs; whether certain criteria must be met, such as previous use of a firearm in domestic violence or lack of an employment exemption, before the law can be applied; and whether the application of the law is mandatory. We also detail instructions to the respondent regarding to whom firearms may be relinquished, whether the respondent must seek permission to transfer the firearm to a third party, and the time by which dispossession must occur. Finally, whether law enforcement bears the responsibility for removing the firearm or whether the law gives the court the authority to order a search and seizure for the firearms is discussed. The purpose of the research is to provide an overview of these state laws that can be used by key stakeholders in legislative, judicial, advocacy, or research roles. Implications are discussed.

County Variation in Intimate Partner Homicide: A Comparison of Hispanic and Non-Hispanic Victims

“…Finally, in accordance with recent studies highlighting the importance of policy changes and gun restrictions for domestic violence offenders (Gillespie & Reckdenwald, 2017;Zeoli, Frattaroli, Roskam, & Herrera, 2019;Zeoli et al, 2017), we created dichotomous measures indicating whether a county was in a state that had a mandatory arrest policy for incidents of IPV, a law restricting the possession of a gun for domestic violence offenders (Domestic Violence Restraining Order; DVRO gun laws), and a law requiring background checks for all legal private gun sales. These measures were created by exploring current statutes for each of the 16 states utilized in this study.…”

“People Will Bury Their Guns before They Surrender Them”: Implementing Domestic Violence Gun Control in Rural, Appalachian versus Urban Communities

“…Although domestic violence protective order respondents are prohibited from possessing and obtaining firearms under federal law (18 U.S.C. § 922[g][1], [8],[9]), Kentucky does not possess a statute that mirrors this federal law in order to prohibit firearm possession by nonfelon domestic violence abusers (for a state‐by‐state review, see Zeoli et al ). The absence of a state law presents jurisdictional issues related to enforcing gun control (e.g., state agencies cannot prosecute federal law).…”

The Role of Place and Sociodemographic Characteristics on the Issuance of Temporary Civil Protection Orders

“…Civil protection orders make violators who breach orders subject to criminal and civil penalties, including fines, contempt penalties, and criminal charges (Klein & Orloff 1992; McFarlane et al 2004; Orloff et al 2004). Broadly speaking, protection orders can require abusers to stay away from locations such as a victim's workplace, residence, or school (Capshew & McNeece 2000; Carlson et al 1999) and require the removal of weapons such as firearms from perpetrators' possession (Zeoli et al 2017). Jurisdictions vary on who qualifies for orders, the protections they offer, and the consequences abusers face if they violate the orders (Eigenberg et al 2003; U.S. Department of Justice 2002).…”