1 / 21

Foreseeing the Unforeseen

Foreseeing the Unforeseen. The New Momentum in Firearms and Intimate Partner Violence David W. Keck and Anton Tripolskii The National Domestic Violence and Firearms Resource Center. OVW DISCLAIMER.

ursula
Download Presentation

Foreseeing the Unforeseen

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Foreseeing the Unforeseen The New Momentum in Firearms and Intimate Partner ViolenceDavid W. Keck and Anton Tripolskii The National Domestic Violence and Firearms Resource Center

  2. OVW DISCLAIMER • This presentation was supported by Grant No. 2015-TA-AX-K027 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this presentation are those of the authors and do not necessarily reflect the views of the U.S. Department of Justice, Office on Violence Against Women.

  3. Learning Objectives • Restate firearms violence as rooted in the same cultural phenomenon as intimate partner violence. • Determine changes in firearms policies taking place locally which will impact victims of intimate partner violence. • Learn to better advocate for victims of intimate partner violence who either want firearms taken away or are being pressured by government agents to substitute for them in ensuring their safety. • Recognize how firearms prohibitions could particularly impact victims.

  4. Individual versus Societal Rights • Gun violence debate currently Individual Rights vs. Security of Society. • If Societal Needs become Only Focus, Protection of the Individual (Survivor) becomes secondary.

  5. Cycle of Violence: Do we as a society protect ourselves, even at a cost to the survivor?

  6. Are we talking about two distinct phenomena here, or are these things one and the same? Intimate Partner Violence and Gun Violence

  7. Emerging Firearms Prohibitions • Arming Victims. • Inquiries into mass shootings. • Extreme Risk Protection Orders. • Firearms surrender protocols. • Emphasis on officer safety.

  8. Arming Victims • Statistically an increased risk to victim: 500% • Unlikely to prevail on a self-defense argument in court if the victim uses a weapon. • Policy is inconsistent with most victims’ wishes. • Victims’ typically do not want to use a firearm.

  9. Victim-Survivors Charged for Acts Committed inSelf-Defense

  10. Inquiries Into Mass Shootings • Inquiry could shift burden to victim because they “should have acted on the red flags they already knew about and protected the community.”

  11. Noor Salman Failure to Disclose? Affirmative Duty? Co-conspiracy? Advocating for victim-survivors in firearms surrender: both when blamed and when they’re asking for action.

  12. Extreme Risk Protection Orders • Also known as Gun Violence Restraining Orders or red flag laws. • More burden-shifting: especially when law enforcement seeks this order based on a report of an IPV incident. • Relies on victim as the source of information about abuser’s firearms.

  13. Distinguishing Between DVPOs and ERPOs DVPOs ERPOs … … … • … • … • …

  14. Firearms Surrender Protocols • Effective protocols require the court having information about location of the weapons. • In practice, often relies on the victim as the source of information about the abuser’s firearms.

  15. Emphasis on Officer Safety • Important consideration. • It’s unfair and unrealistic for the victim to have to protect law enforcement.

  16. Supporting Firearms Restrictions • Supporting efforts to rethink the way we protect victims of violence and our communities is very important. • Is the victim less innocent than a stranger? • What kinds of victims are less innocent than others?

  17. Example: New Mexico’s Firearm Surrender Statute 40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE TO PROPERTY NOT AFFECTED--MUTUAL ORDER OF PROTECTION.— A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to: • (1) refrain from abusing the protected party or any other household member; and • (2) if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity to be heard or by stipulation of the parties, to: • (a) deliver any firearm in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee while the order of protection is in effect; • and • (b) refrain from purchasing, receiving, or possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect.

  18. Firearms Restrictions Locally—and Nationally • What firearms prohibitions have been introduced or are under discussion in your community? What are you hearing about in your state and nationally? • What potential impacts could you foresee on victims of intimate partner violence?

  19. New DOJ Working Group

  20. Reducing Intimate Partner Violence Will Reduce Gun Violence

  21. Thank You! David W. KeckDirector, National Center on Domestic Violence and Firearms Battered Women’s Justice Project dkeck@bwjp.org Anton TripolskiiTraining & TA Specialist Battered Women’s Justice Project atripolskii@bwjp.org

More Related