Of course it should. If a protective order is to mean anything, the
court must do all that it reasonably can do to keep a vulnerable person
from becoming a homicide statistic.
An article by Michael Luo
in The Times on Monday examined the threadbare web of protection for
victims of domestic violence in a country overrun with guns. While there
is a federal law that forbids most people subject to permanent
protective orders to buy or own firearms, it was invoked fewer than 50
times by prosecutors last year. That leaves to the states the job of
imposing meaningful laws to separate domestic abusers from their guns.
Most states are failing at that job. While a handful have laws requiring
judges to order the surrender of guns when issuing any protection
order, even temporary orders, most states do not go nearly that far.
When legislators try to tighten the laws, they face the wrath of the
National Rifle Association, whose relentless lobbying usually manages to
kill or cripple such bills. Even modest “cooling off” laws — allowing
sheriffs to confiscate weapons temporarily for the first, most volatile
days of a divorce action or separation — have failed.
The N.R.A.’s blind defense of individuals’ gun rights has left a
catastrophic toll. Stricter laws could help stem killings in
domestic-violence cases. But legislatures would have to place prudent
safety measures over Second Amendment absolutism. There is evidence that
it would work: a study in the journal Injury Prevention in 2010
examined so-called intimate-partner homicides in 46 of the country’s
largest cities from 1979 to 2003 and found that where state laws
restricted gun access to people under domestic-violence restraining
orders, the risk of such killings was reduced by 19 percent.
Representative Lois Capps, a California Democrat, recently introduced a
bill to toughen the federal law to cover temporary protective orders and
current or former “dating partners,” not just spouses. Congress should
pass it, and states should reinforce it with their own laws, requiring
judges to act when a person’s safety is at obvious risk from an
ex-partner with a gun.
http://www.nytimes.com/2013/03/21/opinion/firearms-and-domestic-violence.html?ref=domesticviolence&_r=0
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