Developing a Firearm Surrender Protocol David W Keck

Developing a Firearm Surrender Protocol David W. Keck Director, National Resource Center on Domestic Violence and Firearms Jordan Ferguson Spokane Police Department © 2019 Safer Families, Safer Communities 1

ACKNOWLEDGEMENT • This project was supported by Grant No. 2016 -TA-AX-K 047 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. Safer Families, Safer Communities 2019©

Mission • Prevent the restrained person from using firearms to threaten, injure, or kill domestic violence victims, their children, themselves, and law enforcement personnel. © 2019 Safer Families, Safer Communities 3

Current 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 © 2019 Safer Families, Safer Communities 4

Common Forms • Court-centered • Law Enforcement-centered • Probation-centered • Relies on enforcement as a mandatory condition of Probation by the supervising Officer(s) • These forms generally reflect the member of the legal system primarily responsible for implementation and enforcement of the protocol. © 2019 Safer Families, Safer Communities 5

Court-Ordered • Civil protective Orders: • Upon service of ex parte Order • At conclusion of due process hearing • Criminal cases: • At initial hearing / bond hearing • Upon conviction © 2019 Safer Families, Safer Communities 6

Probation • Upon commencement of supervision of a qualifying domestic violence conviction • Compliance checks during term of sentence © 2019 Safer Families, Safer Communities 7

Law enforcement • Domestic violence calls • Plain view, consent, or court order • Upon DV arrest • Upon conviction • Upon entry of DV protective order © 2019 Safer Families, Safer Communities 8

Authority • Codes • State statute • Local jurisdiction: City or County Ordinance • Court rule: • Statewide • Judicial District • Probation and Parole Rules of Supervision • State, Local, or Federal • Police Procedures • Statewide, Local jurisdiction © 2019 Safer Families, Safer Communities 9

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 © 2019 Safer Families, Safer Communities 10

Continuum of Contact through DV case • 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 © 2019 Safer Families, Safer Communities 11

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 © 2019 Safer Families, Safer Communities 12

Ideal Protocol Would Include: • DV advocates • State • Local • Law enforcement • State • Local • County • City/Town • District Attorney • Victim/Witness Coordinator • Courts • Clerks • Courthouse Security • Probation/Parole • State • Local © 2019 Safer Families, Safer Communities 13

DV Advocates • Provide Education and Guidance to: • Community • Individual Victims / Family • Monitor Compliance • From victims’ perspective • From stakeholders’ perspective • Provide Feedback © 2019 Safer Families, Safer Communities 14

Law Enforcement • Receiving and storing surrendered guns, seizing guns not surrendered, returning guns if appropriate • Investigating and reporting violations • Monitoring domestic violence court orders for firearm surrender violations to disarm the restrained person and achieve compliance © 2019 Safer Families, Safer Communities 15

District Attorneys • Coordination between civil and criminal cases • Charging based upon intersection of DV cases • Prosecution of violations • Ensuring compliance and warnings upon sentencing © 2019 Safer Families, Safer Communities 16

Courts • Putting restrictions in place • Warnings to defendants • Monitoring compliance • Reporting entered orders locally and statewide © 2019 Safer Families, Safer Communities 17

Probation / Parole • Establishing rules and conditions of probation compliance • Ordering surrender of Firearms • Receiving and storing, in some cases • Monitoring compliance • Monitoring domestic violence court orders for firearm surrender violations to disarm the restrained person and achieve compliance (and monitoring FBI/NICS requests for prohibited persons attempting to purchase) © 2019 Safer Families, Safer Communities 18

Ideal Protocol would have: • Specific protocols • Identified players • Simplified logistics • Communication between players • Flexibility • Buy-In from all players © 2019 Safer Families, Safer Communities 19

Contact • David W. Keck • Director, National Resource Center on Domestic Violence and Firearms • (920) 602 -3109 • dkeck@bwjp. org © 2019 Safer Families, Safer Communities 20