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First Monday and Every Monday |
| IPGV 2005 Legislative Series: Week 5 |
Increase Authority of State and Local Law Enforcement to Remove Guns From the Homes of Domestic Abusers | |
Problem |
| Between January 1, 1995 through September 18, 2003, 108 Iowans were killed in domestic murders, an average of about 12 domestic murders a year. The victims included 68 women and 12 men who were killed by their current or former partners. In addition, 28 bystanders (12 adults and 16 children) were also killed in these domestic murders. One hundred six children survived these murdered women and men. Sixty-six of the children were minors at the time.
A firearm was the most commonly used method of domestic murder. Of the 68 women who were killed by their current or former partners, 43 (63%) were shot to death. Almost three times as many women were killed with firearms than by the next most common method – beating or strangulation. The Centers for Disease Control and Prevention (CDC) reports that firearm assaults are 12 times more likely to result in death than are assaults using other weapons. Title 18 United States Code § 922(g)(8) prohibits the possession of firearms by anyone who is subject to a court restraining order for domestic violence and Title 18 United States Code § 922(g)(9) prohibits possession of firearms by anyone who has been convicted of a misdemeanor crime of domestic violence. However, anecdotal evidence suggests that the federal law is not being strictly enforced at the state level because domestic violence cases are typically prosecuted in state courts rather than federal courts. Iowa needs better enforcement of the provisions of 18 U.S.C. § 922(g)(8) and (9). There is no excuse for Iowa district courts, county prosecutors, and local law enforcement agencies to not rigorously enforce the provisions of this federal law. Proposed Legislation The Iowa General Assembly should enact legislation that would make it unlawful for a person to possess a firearm under state law if the person is prohibited from possessing a firearm under 18 U.S.C. § 922(g)(8) or 18 U.S.C. § 922(g)(9). This new state law would increase enforcement of federal law because it would give authority to enforce the law to Iowa district courts, county prosecutors, and local law enforcement agencies. Legislation proposed by the Iowa Attorney General is provided in Appendix D. Twelve states have taken action to prohibit firearm possession to domestic abusers, thus increasing the enforcement of federal law in these states. Codifying an existing federal law into state law is nothing new. For example, felons are prohibited from possessing a firearm under both federal and state law. |
