Pilot Projects Aim to Enforce Federal and State Mandatory Surrender of Firearms Laws
By
Madison, WI – The Office of Justice Assistance (OJA) has awarded $250,000 to four counties—Outagamie, Sauk, Winnebago, and Waushara—for pilot projects that will ensure firearms are surrendered in civil and criminal cases involving domestic violence, child abuse, and harassment, in accordance with existing Federal and State law.
These counties will be implementing a Firearms Surrender Protocol, developed by the OJA Violence Against Women Advisory Committee and the Governor’s Council on Domestic Violence Surrender Protocol Committee.
Federal and State mandatory surrender of firearms laws already exist; a comprehensive statewide surrender protocol makes implementing the practice easier for criminal justice professionals.
A 2008 survey of Wisconsin sheriff’s departments conducted by the Justice Committee of the Governor’s Council on Domestic Abuse found that 70% of respondents did not automatically follow up to ensure that abusers had complied with court-ordered mandatory surrender of firearms.
14% of responding counties had no consistent notification of mandatory surrender of firearms orders from the Court to the Sheriff’s Department; 16% had no policies or procedures in place regarding surrender of firearms in domestic violence cases.
The protocol outlines effective collaboration of the Wisconsin court system, law enforcement agencies, and non-governmental, not-for-profit victim service agencies. The protocol provides due process and notice for respondents before firearms are seized, explains responsibilities to third parties who are willing to hold a respondent’s firearms, and establishes procedures for when law enforcement executes a warrant to seize firearms.
The protocol was developed with the input of Judges, District Attorneys, County Court Clerks, police officers, Sheriffs, Victim Services Providers, Human Services Agencies, Office of State Courts, Office of Justice Assistance, Department of Justice, and the Department of Corrections.
Developing and implementing firearms surrender protocols are a national priority, and are considered a “best practice” model. The protocol introduces well-established practices in courts from other states that follow the requirements of existing federal laws. These pilot projects provide an opportunity for the selected counties to implement the “best practice” model and evaluate the effectiveness of the Firearms Surrender Protocol prior to statewide distribution.
These projects are funded by Recovery Act STOP Formula Violence Against Women Act grants, administered by the Wisconsin Office of Justice Assistance.
Temporary Restraining Order statistics from counties funded to
implement the Firearms Surrender Protocol
- In Outagamie County, more than 250 restraining orders are requested annually; almost 130 were granted permanent restraining orders (injunctions). 87% of injunctions had firearm surrender provisions.
- In Sauk County, almost 260 Temporary Restraining orders were requested in 2008; 190 injunctions were granted.
- Waushara County has about 60 cases per year of domestic abuse, harassment, and child abuse that result in mandatory surrender of firearms orders.
- Annually in Winnebago County, approximately 330 Temporary Restraining Orders are granted; of these 88 final injunctions with mandatory surrender of firearms requirements are granted.
Posted @ 3:34 p.m.
