More than a dozen states have strengthened laws to keep firearms out of the hands of domestic abusers in the last two years.
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Federal Bureau of Investigation data obtained by The Associated Press shows 230 people have died in domestic violence shootings in SC from 2006 to 2015.
Republicans and gun-rights activists have historically opposed the protective order legislation, saying in part that it’s unnecessary because it’s already covered under federal law.
Almost 80 percent of those victims were women. The SHR collects data reported from law enforcement agencies in 49 states and Washington, D.C. Florida does not report its data to the Federal Bureau of Investigation.
Of such 31 killings in MA from 2006 to 2014, only two were men – both husbands.
Prior to last summer, McCool said judges had wider latitude to order the surrender of firearms, even when the circumstances of the case didn’t meet the criteria defined in the state statute.
One provision common among those new laws – requiring many defendants under domestic violence protective orders to surrender firearms – is similar to one North Carolina enacted in 2003.
It marked a positive step forward in addressing domestic violence, but a formal system to ensure these people actually give up their firearms has not yet been implemented, said Jenn Oxborrow, executive director of the Utah Domestic Violence Coalition.
It suggests the state could improve its score by requiring background checks on all gun sales, mental health reporting for use in background checks, and prohibiting drug or alcohol abusers from purchasing or possessing firearms.
McCool contends that ex parte cases still require a judge to review the evidence before issuing a protective order as an emergency measure.
Gov. Nikki Haley of SC signed a measure in June that includes a life ban on gun ownership for the most serious domestic violence offenders. The NRA stayed neutral after negotiating language that allows individuals to seek the return of their weapons once restraining orders are lifted. The federal law also does not strip firearms rights from those who abuse their dating partners, those convicted of misdemeanor stalking or those who are subject to temporary protective orders and have not yet had a hearing.
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That misdemeanor harassment isn’t among the convictions that can affect firearms possession struck him as odd, he said, and a domestic abuser determined to hurt someone might not be so concerned about getting an unlawful firearm possession conviction on top of everything else. He also said law enforcement should be hesitant when it comes to removing guns from those who were accused but not yet convicted.
