Preventing Firearms Violence Among Victims of Intimate Partner Violence: An Evaluation of a New North Carolina Law

摘要

On December 1, 2003, North Carolina enacted S.L. 2003-410 (S919) which prohibits persons subject to a qualifying domestic violence protective order (DVPO) from owning or possessing any firearms or ammunition, and requires them to surrender to the county sheriff within 24 hours any firearms, ammunition, and permits to purchase firearms. The study described in this report examined: (1) the scope and nature of firearm possession by DVPO defendants; (2) pre- and post-legislation experiences of firearm-related intimate partner violence (IPV) among women applying for domestic violence protective orders; (3) judges behaviors specifying firearm-related conditions in DVPOs prior to and following the legislation; and (4) the proportion of and manner in which male DVPO defendants surrendered firearms subsequent to the enactment of the new legislation. We also include suggestions for research, policy, and practice. Background It is now well-established that physical, sexual, and psychological domestic or intimate partner violence against women is both widespread and a serious threat to womens well-being. Abusers access to firearms may amplify the potential for fatal and non-fatal injuries. Every year, 700-800 women are shot and killed by their current or former intimate partners, and the presence of a firearm in the home increases a womans risk of intimate partner homicide, particularly in homes where there have been previous incidents of IPV. Domestic violence protective orders (DVPOs) are the most widely-used legal intervention for IPV, and there is emerging evidence that DVPOs are effective as an intervention for secondary prevention of IPV. It also appears that DVPO conditions and enforcement play a critical role in their effectiveness. In recognition of the potentially lethal danger posed by IPV perpetrators, several federal laws have been enacted that are designed to restrict abusers access to firearms in the past decade.The Violence Against Women Act (VAWA) added persons subject to civil restraining orders to the list of people who are prohibited from purchasing or possessing a firearm.Despite federal mandates, states exercise a great deal of discretion regarding the qualifying criteria for both for domestic violence protective orders and the conditions contained in those orders. The North Carolina Homicide Prevention Act/Domestic Violence (S 919) (SL 2003-410), became effective on December 1, 2003. It states that if the court finds any of the legislations enumerated factors at the ex parte or DVPO hearings, the defendant must surrender his or her firearms, machine guns, ammunition, permits to purchase firearms and permits to carry concealed weapons to the sheriffs department within 24 hours of service of the order, or provide verification that s/he has disposed of the firearms. The legislation further states that the court should inquire of the plaintiff at the ex parte hearing and the defendant at the DVPO hearing, about the defendants access to firearms. Failure to surrender the firearms and violating conditions restricting access to firearms are considered a Class H Felony.