October is National Domestic Violence Awareness Month.
Ironically, on Oct. 15 as legislators were preparing to introduce two bills aimed at domestic violence homicide prevention, a homicide occurred in West Bend. Jeffery Gill allegedly shot and killed his ex-wife despite the fact that he was prohibited from possessing a firearm following his conviction for domestic abuse in Sheboygan County in 2006.
The proposed bills would make it easier for law enforcement to get the guns of abusers with such past records
According to a 2007 report by the U.S. Bureau of Justice statistics, a gun is the most commonly used weapon in domestic violence homicides in the United States. The death of Alice Gill and other Wisconsin residents (Craig Severson, Craig Finley, Kelly Schmidt, Erica Ostenson and Francesca Weber) might have been prevented had the legislation been in place. In all of these murders, the perpetrator had either a prior domestic abuse conviction or had been subject to a domestic abuse restraining order and therefore prohibited from possessing a gun. Between 2000 and 2008, 156 domestic violence victims in Wisconsin died because an abuser had easy access to guns.
At present, state and federal laws meant to keep guns out of the hands of domestic abuse perpetrators do exist. Tragically, these laws are not, and in some cases cannot be, effectively enforced.
The proposed legislation will create procedure and legal authority so the existing laws to protect victims and prevent domestic violence homicides do work.
Domestic Violence Homicide Prevention Procedure Act: (LRB 3399 — Sen. Taylor and Rep. Bernard Schaber)
Current law: Wisconsin law prohibits an abuser who is subject to a domestic abuse or child abuse restraining order, or in some cases a harassment restraining order, from possessing a firearm.
The problem: Very few counties have a procedure in place to ensure that the abuser has surrendered the firearms in accordance with current law. Judges do not believe they have the legal authority to directly enforce the surrender orders.
The solution: The Act creates a procedure to confirm that the abuser has surrendered the firearms in accordance with current law. If the firearms are not surrendered, the abuser is required to appear in court, so that surrender can be arranged.
Domestic Violence Homicide Prevention Enforcement Act: (LRB 3249 — Sen. Taylor and Rep. Staskunas)
Current law: Federal law provides that a person who is convicted of a domestic violence misdemeanor is prohibited from possessing a gun.
The problem: Local and federal law enforcement officers cannot effectively enforce the current federal law. Federal officials lack the personnel and resources. State officials are unable to make arrests and initiate prosecutions under the federal law.
The solution: The act creates a state law, which mirrors the existing federal law. Enactment of a state law will allow local law enforcement to efficiently and effectively enforce the existing prohibition. These officials are the experts, who respond to domestic violence every day.
It is important to know that the bills will not affect the rights of anyone who is currently, legally allowed to possess firearms.
Please do your part to prevent another gun-related domestic violence homicide in Wisconsin. Contact your legislator by phone or e-mail today to voice your support for these bills.
For information on the 46 domestic-violence related deaths in Wisconsin in 2008, visit: www.wcadv.org
Safe Harbor provides free safety and support services to those whose lives are affected by domestic violence and sexual assault. We also offer free presentations to those who want to learn more about domestic violence and/or our services. Our phone number is (920) 452-7640.