Domestic Violence Fact Sheets by Giffords Law Center to Prevent Gun Violence

FACT SHEET

Colorado Domestic Violence and Guns June 2014 Colorado passed new laws in 2013 addressing guns in the hands of domestic abusers. However, there is still more that can be done to keep guns out of the hands of dangerous persons, such as convicted stalkers.

State Gun and Domestic Violence Overview Colorado is home to a significant amount of gun violence. • From 2001 to 2010, 5,269 people were killed with guns in Colorado, which is 51 percent more than all combat deaths during the Iraq War.1 • Somebody is killed with a gun in Colorado every 16 hours: in 2010 alone, there were 555 gun deaths in the state.2 Domestic violence fatalities are prevalent Colorado, and they are frequently a result of gun crime. • According to the Centers for Disease Control and Prevention, in 2011, 18.1 percent of all 188 homicides in Colorado were cases of domestic violence involving family members or intimate partners.3 • Of these victims of domestic violence, 50 percent were killed with guns.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • In 2011, more than 40 percent of female homicide victims in Colorado were killed in a domestic violence incident; a total of 21 women were murdered in domestic violence disputes. Of those homicides, 47.6 percent were committed with a gun.5 • Firearms accounted for the murders of 258 women in Colorado from 2001 to 2010.6

Overview of Colorado laws to protect women from abusers and stalkers Colorado law currently prevents some domestic abusers from possessing guns. • In 2013, Colorado amended state laws to bar persons subject to domestic violence protective orders from possessing firearms and to require courts to order the surrender of firearms by persons subject to domestic violence protective orders.7 • The 2013 law also requires courts convicting abusers of domestic abuse misdemeanors—as defined under federal law—to order them to surrender their firearms.8 • Colorado requires universal background checks for all firearms purchasers, including those who purchase from private sellers—sellers who are not federally licensed dealers.9

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In the past 10 years, twice as many people were killed with guns in Colorado than were killed in combat in the war in Iraq.

5,269

people killed with guns in Colorado in the past 10 years

3,490 combat

deaths in the war in Iraq

In 2011, more than 40 percent of all female homicides in Colorado were cases of domestic violence involving family members or intimate partners.

Colorado Domestic Violence and Guns | 1

Colorado state law has loopholes that can let some abusers have easy access to guns. • Colorado does not bar persons convicted of stalking misdemeanors, or similar crimes, from possessing firearms. • Colorado does not generally ban gun possession by people who have abused noncohabitating dating partners or family members, such as siblings, even if the abuser is subject to a restraining order or has been convicted of the abuse as a misdemeanor.

Support for doing more to protect women from abusers and stalkers in Colorado Voters in Colorado strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a November 2013 poll conducted by Quinnipiac University, 85 percent of Colorado voters supported requiring background checks for all gun buyers, including 78 percent of Republicans and 80 percent of gun-owning households.10

Where does Colorado stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Coloradans support background checks required on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • Anastasia Glinisty and Christopher Fields dated and then broke up in June 2011. Following this breakup, Fields began harassing and stalking Glinisty and was arrested for his conduct a number of times between September 2011 and June 2012. In June 2012 while a criminal felony case against Fields was pending, a court issued an order of protection barring Fields from contacting Glinisty and ordering him to wear a GPS ankle monitor to ensure that he complied. On January 9, 2013, in Denver, Fields lay in wait on a highway-exit ramp. When Glinisty approached in her car, Fields stepped in front of the car and shot her once through the windshield. Glinisty, who was injured, survived the attack. Fields fled to New Mexico and was apprehended by police a few days later. He has been charged with attempted first-degree murder.11

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85%

Colorado Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System),” available at http://www.cdc.gov/ injury/wisqars/fatal.html (last accessed May 2014); U.S. Department of Defense, Operation Iraqi Freedom U.S. Casualty Status (2014), available at http://www. defense.gov/NEWS/casualty.pdf.

Ibid.

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS),” available at http://wisqars.cdc.gov:8080/nvdrs/nvdrsDisplay.jsp (last accessed May 2014).

Ibid.

Arkadi Gerney, Chelsea Parsons, and Charles Posner, “America Under the Gun: A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws” (Washington: Center for American Progress, 2013), available at http://www.americanprogress.org/wp-content/ uploads/2013/03/AmericaUnderTheGun.pdf.

Colo. Rev. Stat. §§ 13-14-102, 13-14-105.5, 18-11001(9)(a); 18-6-803.5(1)(c).

Colo. Rev. Stat. § 18-6-801(8)(a).

Colo. Rev. Stat. § 24-33.5-424; 18-12-112(1)(a).

10.

Quinnipiac University, “Colorado Gov Has Early Lead In Reelect Bid, Quinnipiac University Poll Finds; Voters Back Fracking, Mixed Signals On Gun Control,” Press release, November 19, 2013, available at http://www. quinnipiac.edu/news-and-events/quinnipiac-university-poll/colorado/release-detail?ReleaseID=1977.

11.

Winnie Stachelberg, Arkadi Gerney, Chelsea Parsons, and Megan Knauss, “Preventing Domestic Abusers and Stalkers from Accessing Guns” (Washington: Center for American Progress, 2013), available at http://americanprogress.org/issues/civil-liberties/ report/2013/05/09/60705/preventing-domesticabusers-and-stalkers-from-accessing-guns/.

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Colorado Domestic Violence and Guns | 3

FACT SHEET

Louisiana Domestic Violence and Guns June 2014 Louisiana has weak laws restricting access to firearms by domestic abusers. More can be done to keep guns out of the hands of dangerous persons, including convicted domestic abusers, stalkers, and persons subject domestic violence protective orders.

State Gun and Domestic Violence Overview Louisiana is home to a staggering amount of gun violence. • From 2001 to 2010, 8,460 people were killed with guns in Louisiana, making it the state with the highest gun death rate.1 • Somebody is killed with a gun in Louisiana every 10 hours: in 2010 alone, there were 864 gun deaths in the state.2 Domestic violence fatalities are prevalent in Louisiana, and they are frequently a result of gun crime. • According to the FBI, there were 351 intimate partner homicides in Louisiana from 2003 to 2012.3 • Of these victims of domestic violence, 61 percent were killed with guns.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a big role in that violence. • From 2003 to 2012, more than 30 percent of female homicide victims in Louisiana were killed in a domestic violence incident; a total of 250 women were murdered in domestic violence disputes. Of those 250 homicides, 66 percent were committed with a gun.5 • Firearms accounted for the murders of 630 women in Louisiana from 2001 to 2010.6

Overview of Louisiana laws to protect women from abusers and stalkers Louisiana law currently prevents some domestic abusers from possessing guns. • In 2014, Louisiana passed a law prohibiting domestic violence misdemeanants and abusers subject to domestic violence protective orders from possessing firearms.7

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In the past 10 years, nearly twice as many people were killed with guns in Lousiana than killed in combat in the wars in Afghanistan and Iraq.

8,460

people killed with guns in Louisiana in the past 10 years

5,315 combat

deaths in the wars in Afghanistan and Iraq

In 2011, more than 30 percent of all female homicides in Louisiana were cases of domestic violence involving family members or intimate partners.

Louisiana Domestic Violence and Guns | 1

Louisiana still has many loopholes that can let some abusers have easy access to guns. • Louisiana does not prohibit misdemeanant stalkers from possessing a firearm. • Louisiana does not require the surrender of firearms by domestic abusers who have become prohibited from possessing firearms. • The firearms prohibition for domestic abuse misdemeanants does not extend to people who have abused members of the same sex or people with whom they shared a non-cohabitating dating relationship.8 • Louisiana does not require a background check for all gun buyers, including those sold at gun shows or over the Internet.

Support for doing more to protect women from abusers and stalkers in Louisiana Voters in Louisiana strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a May 2013 poll conducted by Public Policy Polling, 71 percent of voters in Louisiana supported universal background checks.9

Where does Louisiana stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Louisianans support background checks required on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • On June 9, 2007, Brandon Brue shot and killed his estranged wife, Yarnell, and injured a bystander at her home in Pointe Coupee Parish, Louisiana. The week prior, Yarnell had contacted the state police to file a complaint of abuse and various threats Brue had made toward her, after she found her home ransacked and received threats to her life. Before she could get her statement to the police, Brue used a gun to murder her, a gun he should have been barred from purchasing as a convicted felon.10

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71%

Louisiana Domestic Violence and Guns | 2

Endnotes 1.

La. Rev. Stat. §§ 14:95.10, 46:2136.3 (enacted by La. H.B. 753 (2014)).

La. Rev. Stat. §§ 14:35.3(B)(3), 14:95.10.

Ibid.

Federal Bureau of Investigation, Supplementary Homicide Data (U.S. Department of Justice, 2011).

Public Policy Polling, “Hagan, Landrieu helped by gun votes,” Press release, May 2, 2013, available at http:// www.publicpolicypolling.com/pdf/2011/PPP_Release_BackgroundChecks_502.pdf.

Ibid.

10.

Federal Bureau of Investigation, Supplementary Homicide Data (U.S. Department of Justice, 2003–2012).

State of Louisiana, Court of Appeal, State of Louisiana v. Brandon Brue (2010), available at http://statecasefiles.justia.com/documents/louisiana/first-circuitcourt-of-appeal/2009ka2281-1.pdf?ts=1387486151.

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FACT SHEET

Maine Domestic Violence and Guns June 2014 Maine has weak restrictions on access to firearms by domestic abusers. Few abusers are barred from possessing firearms under state law; more can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview Maine is home to a significant amount of gun violence. • From 2001 to 2010, 1,054 people were killed with guns in Maine.1 • Somebody is killed with a gun in Maine every three days: in 2010 alone, there were 113 deaths from gun violence in the state.2 Domestic violence fatalities are too common in Maine, and they are often linked to gun crime. • According to the Maine Domestic Abuse Homicide Review Panel, from 2012 to 2013, there were 23 domestic homicides in Maine—46 percent of all homicides in the state.3 • Firearms were the most common weapon used in the 23 domestic violence homicides the panel reviewed for its 2014 report. Fifty-seven percent of the domestic violence homicide cases reviewed involved a firearm.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • Between 2003 and 2012, 44 percent of female homicide victims in Maine were killed in an intimate partner violence incident, and 66 percent of all intimate-partner-related homicides of women in the state were committed with a gun.5 • Firearms accounted for the murders of 41 women in Maine from 2001 to 2010.6

Overview of Maine laws to protect women from abusers and stalkers Maine law currently prevents some domestic abusers from possessing guns. • In Maine, protective orders that prohibit guns may be available to people abused by family or household members or current or former dating partners.7 • State law requires a court issuing a protective order prohibiting guns to require the abuser to surrender guns already in his possession in certain circumstances.8

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In the past 10 years, the number of gun deaths in Maine was just 771 less than the number of combat deaths in the war in Afghanistan.

1,825

combat deaths in the war in Afghanistan

1,054

people killed with guns in Maine in the past 10 years

From 2003 to 2012, 44 percent of all female homicide victims in Maine were killed in an intimate partner violence incident.

Maine Domestic Violence and Guns | 1

Maine state law has many loopholes that can let some abusers still have easy access to guns. • Maine does not require the surrender of firearms by all domestic abusers who have become prohibited from possessing firearms under federal law. • Maine does not prohibit domestic violence misdemeanants from possessing guns, unlike federal law. • Maine does not bar convicted misdemeanant stalkers from gun possession. • Maine does not require a background checks for any gun buyers, including those at gun shows or over the Internet.

Support for doing more to protect women from abusers and stalkers in Maine Mainers overwhelmingly support expanding background checks to keep guns from criminals and other dangerous people. • In an April 2013 Pan Atlantic SMS Group poll, 88 percent of Mainers favored subjecting private gun sales and sales at gun shows to background checks—including 92.2 percent of Republicans and 94.7 percent of Democrats.9

Where does Maine stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Mainers support background checks on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • In July 2012, Lawrence Beaute used a 9mm handgun to kill his girlfriend, Katherine Hunt, as she was attempting to break up with him. Beaute had been living with Hunt since 2011, when he moved to Maine from Florida. Beaute committed suicide after he fatally shot Hunt.10 • On November 30, 2013, Patrick Milliner used a Glock pistol he had purchased the night before to murder his ex-boyfriend, Matthew Rairdon at his apartment before killing himself.11

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88%

Maine Domestic Violence and Guns | 2

Endnotes 1.

Me. Rev. Stat. tit. 15, § 393(1)(D); Me. Rev. Stat. tit. 19A, §§ 4002, 4006, 4007.

Me. Rev. Stat. tit. 19-A, § 4007.

Ibid.

Maine Domestic Abuse Homicide Review Panel, “Building Bridges Toward Safety and Accountability” (2014), available at http://www.maine.gov/ag/dynld/ documents/10th%20Biennnial%20Report%20-FINAL%204-23-14.pdf.

Pan Atlantic SMS Group Poll, “51st Omnibus Poll(tm)” (Spring 2013), available at http://www.mpbn.net/ LinkClick.aspx?fileticket=3QK81Qc1vjg%3d&tab id=1046.

10.

Dawn Gagnon, “No domestic violence calls before Hampden murder-suicide, police say,” The Bangor Daily News, July 30, 2012, available at http://bangordailynews.com/2012/07/30/news/bangor/nodomestic-violence-calls-before-hampden-murdersuicide-police-say/.

11.

Joe Lawlor, “Details emerge about victim in Westbrook murder-suicide,” Portland Press Herald, December 2, 2013, available at http://www.pressherald. com/2013/12/02/details_emerge_about_victim_in_ westbrook_murder-suicide_/.

Ibid.

Federal Bureau of Investigation, Supplemental Homicide Data (U.S. Department of Justice, 2003–2012).

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Maine Domestic Violence and Guns | 3

FACT SHEET

Minnesota Domestic Violence and Guns June 2014 Due to new legislation, Minnesota has strong restrictions on access to firearms by domestic abusers. More can be done to prevent domestic abusers from gaining access to guns, however, primarily by strengthening background checks.

State Gun and Domestic Violence Overview Minnesota is home to a significant amount of gun violence. • From 2001 to 2010, 3,431 people were killed with guns in Minnesota. That is almost as many as all US combat deaths in Iraq.1 • Somebody is killed with a gun in Minnesota every day: in 2010 alone, there were 365 gun deaths in the state.2

In the past 10 years, almost as many people were killed with guns in Minnesota as killed in combat in the war in Iraq.

Domestic violence fatalities are prevalent in Minnesota, and they are frequently a result of gun crime. • According to the Minnesota Domestic Violence Fatality Review Board, there were 18 domestic violence homicides in Minnesota in 2012. Of those murders, half of the victims were killed with guns.3

3,490

combat deaths in the war in Iraq

Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • From 2003 to 2012, there were 265 female homicide victims in Minnesota. Domestic violence accounted for 107 of these deaths, and guns were used to murder 53 percent of these women.4 • Firearms accounted for the murders of 145 women in Minnesota from 2001 to 2010.5

Overview of Minnesota laws to protect women from abusers and stalkers Minnesota law currently prevents some domestic abusers from possessing guns. • In 2014, Minnesota passed a law that requires courts to order persons subject to restraining orders for domestic violence or stalking to surrender their firearms.6 • These restraining orders are available to victims of abuse between family members, household members, current and former spouses, individuals in a dating relationship, or adults with a child in common.7 • Minnesota legislation bars domestic violence misdemeanants from possessing firearms and requires them to surrender their firearms.8 • Minnesota prohibits gun possession by certain misdemeanant stalkers and these stalkers must surrender their firearms under certain circumstances.9

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3,431

people killed with guns in Minnesota in the past 10 years

From 2003 to 2012, more than 40 percent of all female homicides in Minnesota were cases of domestic violence involving family members or intimate partners.

Minnesota Domestic Violence and Guns | 1

The state law still has loopholes that can let some abusers have easy access to guns. • Minnesota does not require a background check for gun buyers, including those at gun shows or over the Internet.

Where does Minnesota stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Support for doing more to protect women from abusers and stalkers in Minnesota Most Minnesota voters strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a March 2013 Minnesota Star Tribune poll, 70 percent of those surveyed supported universal background checks, including 60 percent of gun owners and 64 percent of Republicans.10

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers: • Teri Lee and Steven Van Keuren had dated for three-and-a-half years when, in July 2006, Lee broke off the relationship. Shortly after the break-up, Van Keuren broke into Lee’s home and threatened her with butcher knives. He was arrested following this incident and was released on bail with a court order directing Van Keuren to stay away from Lee, her family members, and her home while the criminal case was pending. In September 2006, Van Keuren violated this order by showing up at Lee’s daughter’s volleyball game, and although Lee reported this violation to police, Van Keuren remained free on bail. Two days later, on September 22, 2006, Van Keuren broke into Lee’s home and fatally shot her and her boyfriend, Tim Hawkinson. Van Keuren was convicted of two counts of first-degree murder and sentenced to two consecutive life terms in prison.11

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A majority of Minnesotans support background checks required on all gun sales.

70%

Minnesota Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System),” available at http://www.cdc.gov/ injury/wisqars/fatal.html (last accessed May 2014); U.S. Department of Defense, U.S. Casualty Status (2014), available at http://www.defense.gov/NEWS/ casualty.pdf.

Ibid.

Minnesota Coalition for Battered Women, “2012 Annual Femicide Report” (2012), available at http:// www.ndvfri.org/reports/minnesota/Minnesota_StatewideCoalition_AnnualReport_2012.pdf.

Federal Bureau of Investigation, Supplementary Homicide Data (U.S. Department of Justice, 2003-2012).

Minn. Stat. §§ 518B.01, subd. 6(15)(g) (as amended by 2014 MN H.F. 3238 § 2).

Minn. Stat. § 518B.01, subd. 2(b).

Minn. Stat. §§ 624.713, subd. 1(12), 609.2242 subd. 3(f ) (as amended by 2014 MN H.F. 3238 § 5).

Minn. Stat. §§ 609.749(8)(e), 624.713 subd. 1(11).

10.

Jim Ragsdale, “Minnesota Poll: Background Checks Draw Strong Gun Owner Support,” Star Tribune, March 4, 2013, available at http://www.startribune. com/politics/statelocal/194720231.html.

11.

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FACT SHEET

North Carolina Domestic Violence and Guns June 2014 North Carolina has weak restrictions on access to firearms by domestic abusers. Few abusers are barred from possessing firearms under state law; more can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview North Carolina is home to a staggering amount of gun violence. • From 2001 to 2010, 11,102 people were killed with guns in North Carolina, which is more than double the number of soldiers killed in combat during the wars in Iraq and Afghanistan.1 • Somebody is killed with a gun in North Carolina every eight hours: in 2010 alone, there were 1,123 gun deaths in the state.2 Domestic violence fatalities are prevalent in North Carolina, and they are frequently a result of gun crime. • According to the Centers for Disease Control and Prevention, more than one in five—23.9 percent—of all 519 homicides in North Carolina in 2011 were cases of domestic violence involving family members or intimate partners.3 • More than half of these victims—55.6 percent—were killed with guns.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • In 2011, more than 60 percent of female homicide victims in North Carolina were killed in a domestic violence incident—a total of 73 women were murdered in domestic violence disputes.5 • Firearms accounted for the murders of 740 women in North Carolina from 2001 to 2010.6

Overview of North Carolina laws to protect women from abusers and stalkers

In the past 10 years, more than twice as many people were killed with guns in North Carolina than killed in combat in the wars in Afghanistan and Iraq.

11,102

people killed with guns in North Carolina in the past 10 years

5,315

combat deaths in the wars in Afghanistan and Iraq

In 2011, more than 60 percent of all female homicide victims in North Carolina were killed in cases of domestic violence involving family members or intimate partners.

North Carolina law currently prevents few domestic abusers from possessing guns. • North Carolina requires domestic abusers subject to protective orders to surrender their firearms in certain circumstances.7 • Individuals subject to a protective order may be prohibited from possessing firearms if they have abused household and family members, as well as current and former dating partners; however, such restrictions are limited to opposite sex couples.8

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North Carolina Domestic Violence and Guns | 1

North Carolina state law has loopholes that can let some abusers have easy access to guns. • North Carolina requires handgun purchasers to obtain a permit necessitating a background check before the purchase, but this background check requirement does not apply to purchasers of rifles or shotguns, including those sold at gun shows or over the Internet.9 • North Carolina law, unlike federal law, does not automatically bar a domestic violence misdemeanant from possessing a firearm. • North Carolina does not generally bar misdemeanant stalkers from possessing a firearm.

Support for doing more to protect women from abusers and stalkers in North Carolina Voters in North Carolina strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a February 2013 poll conducted by Elon University, 93 percent of those polled supported universal background checks—including 91 percent of Republicans and 95 percent of Democrats.10

Where does North Carolina stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of North Carolinians support background checks required on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • Christen Naujoks and John Peck, students at the University of North Carolina, Wilmington, dated for a time before Naujoks ended the relationship. Peck, a convicted felon for a prior sexual assault of another woman, began stalking Naujoks. In March 2004, Naujoks reported Peck to campus security, and the local police and ultimately obtained a restraining order against him. On May 14, 2004, Peck bought an SKS assault rifle from a private seller—who was not required to conduct a background check, which would have revealed Peck as barred from gun ownership because of his felony conviction. On June 4, 2004, Peck gunned Naujoks down in front of her apartment building, fatally shooting her 11 times. Peck committed suicide after a shootout with police three days later.11

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93%

North Carolina Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System),” available at http://www.cdc.gov/ injury/wisqars/fatal.html (last accessed May 2014); Department of Defense, U.S. Casualty Status (2014), available at http://www.defense.gov/NEWS/casualty. pdf.

Ibid.

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS),” available at http://wisqars.cdc.gov:8080/nvdrs/nvdrsDisplay.jsp (last accessed May 2014). Ibid.

Ibid.

N.C. Gen. Stat. § 14-269.8; N.C. Gen. Stat. §§ 50B-3, 50B-3.1.

N.C. Gen. Stat. § 14-269.8; N.C. Gen. Stat. §§ 50B-1, 50B-3.

N.C. Gen. Stat. §§ 14-402 – 14-404.

10.

Elon University Poll, “Attitudes on Gun Control in North Carolina” (2013), available at http://www.elon. edu/docs/e-web/elonpoll/030413_ElonPoll_guncontrol.pdf.

11.

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FACT SHEET

New Hampshire Domestic Violence and Guns June 2014 New Hampshire prohibits some domestic abusers from accessing firearms, but overall, the state restrictions are weak. More can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview New Hampshire is home to a staggering amount of gun violence. • From 2001 to 2010, 873 people were killed with guns in New Hampshire.1 • Somebody is killed with a gun in New Hampshire every three days: in 2010 alone, there were 118 gun deaths in the state.2 Domestic violence fatalities are prevalent in New Hampshire, and they are frequently a Between 2001-10, more result of gun crime. people were killed by guns in New Board, Hampshire than killed • According to the New Hampshire Domestic Violence Fatality Review more in combat in the Iraq war than 50 percent of all homicides from 2000 to 2010 were cases of domestic violence involving family members or intimate partners.3 • Almost half—48 percent—of these victims of domestic violence were killed with guns.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • From 2003 to 2012, nearly half of all female homicide victims in New Hampshire were killed in a domestic violence incident—a total of 22 women were murdered in domestic violence disputes.5 • Firearms accounted for the murders of 32 women in New Hampshire from 2001 to 2010.6

Overview of New Hampshire laws to protect women from abusers and stalkers New Hampshire law currently prevents few domestic abusers from possessing guns. • New Hampshire bars a defendant subject to a domestic violence protective order from possessing or purchasing a firearm.7 • New Hampshire requires an abuser to relinquish firearms when he is barred from possessing a firearm due to a protective order, but there is no clear process for surrender. 8 • These laws are broader than federal law because they apply to people who have abused current and former dating partners and family and household members.9

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In the past 10 years, nearly half as many people were killed with guns in New Hampshire than were killed in combat in the war in Afghanistan.

1,825

combat deaths in the war in Afghanistan

873

people killed with guns in New Hampshire in the past 10 years

From 2003 to 2012, nearly half of all female homicides in New Hampshire were cases of domestic violence involving family members or intimate partners.

New Hampshire Domestic Violence and Guns | 1

New Hampshire state law has loopholes that provide some abusers easy access to guns. • New Hampshire does not require a background check for all gun buyers, including those at gun shows or over the Internet. • New Hampshire law, unlike federal law, does not prohibit individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms. • New Hampshire does not bar people convicted of misdemeanor stalking—or similar crimes—from gun possession.

Support for doing more to protect women from abusers and stalkers in New Hampshire Voters in New Hampshire strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a January 2013 poll conducted by New England College, 88 percent of those polled supported universal background checks, and 72 percent supported a ban on assault weapons in New Hampshire.10

Where does New Hampshire stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of New Hampshirites support background checks required on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • In early 2014, the New Hampshire state legislature unanimously passed a bill that will make domestic violence a crime. In 2013, Muni Savyon used a gun to murder his son, Joshua, and commit suicide while the two were on a court-ordered supervised visit at a Manchester YMCA center. Savyon had previously threatened to kill both Joshua and the boy’s mother, Becky. Although Savyon was subject to a domestic violence protective order, he was still allowed to carry a gun because domestic violence was not a crime under New Hampshire law.11

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88%

New Hampshire Domestic Violence and Guns | 2

Endnotes 1.

N.H. Rev. Stat. Ann. §§ 159-D:3, 173-B:5(II).

N.H. Rev. Stat. Ann. § 173-B:5.

N.H. Rev. Stat. Ann. § 173-B:1.

Ibid.

10.

New Hampshire Governor’s Commission on Domestic and Sexual Violence, “Domestic Violence Fatality Review Committee” (2012), available at http://www. ndvfri.org/reports/new-hampshire/NewHampshire_ Statewide_AnnualReport_2012.pdf.

WMUR9, “Poll Shows New Hampshire Voters Support Tougher Gun Control Laws,” January 25, 2013, available at http://www.wmur.com/news/nh-news/ Poll-shows-New-Hampshire-voters-support-toughergun-control-laws/18276146#!W4FmP.

11.

Ibid.

Federal Bureau of Investigation, Supplemental Homicide Data (2003–2012).

Marc Fortier, “NH Senate Approves ‘Joshua’s Law’,” Amherst Patch, February 13, 2014, available at http:// amherst.patch.com/groups/politics-and-elections/p/ nh-senate-approves-joshuas-law.

Arkadi Gerney, Chelsea Parsons, and Charles Posner, “America Under the Gun: A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws” (Washington: Center for American Progress, 2013), available at http://americanprogress.org/issues/civil-liberties/ report/2013/04/02/58382/america-under-the-gun/.

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New Hampshire Domestic Violence and Guns | 3

FACT SHEET

New Jersey Domestic Violence and Guns June 2014 New Jersey has some restrictions on access to firearms by domestic abusers. However, more can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview New Jersey is home to a significant amount of gun violence. • From 2001 to 2010, 4,365 people were killed with guns in New Jersey. That is more than double the number of all U.S. combat deaths in the war in Afghanistan.1 • Somebody is killed with a gun in New Jersey every 19 hours: in 2010 alone, there were 456 gun deaths in the state.2

In the past 10 years, more than twice as many people were killed with guns in New Jersey than killed in combat in the war in Afghanistan.

Domestic violence fatalities are too common in New Jersey and are often linked to gun crime. • According to the FBI, from 2003 to 2012, 30 percent of female homicide victims in New Jersey were killed as a result of intimate partner violence.3 • More than 30 percent of these victims of domestic violence were killed with guns.4

4,365

people killed with guns in New Jersey in the past 10 years

Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • In 2011, 53.6 percent of female homicide victims in New Jersey were killed in a domestic violence incident—a total of 37 women murdered in domestic violence disputes.5 • Firearms accounted for the murders of 280 women in New Jersey from 2001 to 2010.6

1,825 combat

deaths in the war in Afghanistan

Overview of New Jersey Laws to Protect Women from Abusers and Stalkers New Jersey law currently prevents some domestic abusers from possessing guns. • New Jersey prohibits gun possession by anyone convicted of a domestic violence misdemeanor, including any person who has been convicted of abusing a dating partner, household member, or person with whom he or she has a child in common.7 • New Jersey prohibits gun possession by anyone convicted of stalking.8 • New Jersey prohibits gun possession by anyone subject to a domestic violence protective order, which is available to anyone abused by a dating partner or household member or person with whom they have a child in common.9 The court may also order a search and seizure for guns.10 • New Jersey requires all gun purchasers to first obtain a permit, issued after a background check.11

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In 2011, 53.6 percent of all female homicides in New Jersey were cases of domestic violence involving family members or intimate partners.

New Jersey Domestic Violence and Guns | 1

Where does New Jersey stand on laws to protect women from abusers and stalkers?

New Jersey state law has loopholes that can let some abusers have easy access to guns. • There is no clear process or requirement for an abuser or other person who has lost his or her eligibility to possess guns to surrender guns already in possession. • New Jersey could do more to prevent abusers and other people prohibited from possessing guns from using counterfeit or invalid permits to purchase guns.

Stalkers prohibited?

Support for doing more to protect women from abusers and stalkers in New Jersey New Jersey voters overwhelmingly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a January 2013 poll by Quinnipiac University, 96 percent of those polled supported “background checks on people buying guns at gun shows,” including 95 percent of gun-owning households.12

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • Following weeks of domestic disputes, Stacey Ann Guillette was gunned down by her estranged husband, Ewart Guillette, while taking her two children to a shelter in Elizabeth, New Jersey, on August 30, 2010. Guilette shot her 16 times in the back before fleeing the scene.13

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Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of New Jerseyans support background checks required at gun shows.

96%

New Jersey Domestic Violence and Guns | 2

Endnotes 1.

N.J. Stat. §§ 2C:25-19, 2C:39-7.

N.J. Stat. § 2C:39-7.

N.J. Stat. §§ 2C:25-19, 2C:25-29, 2C:39-7.

10.

N.J. Stat. § 2C:25-29.

11.

N.J. Stat. § 2C:58-3.

Ibid.

12.

Federal Bureau of Investigation, Supplementary Homicide Data (U.S. Department of Justice, 2003–2012).

Ibid.

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS),” available at http://wisqars.cdc.gov:8080/nvdrs/nvdrsDisplay.jsp (last accessed May 2014).

Quinnipiac University, “Quinnipiac University Poll Finding Near 100% Support for Wider Background Checks for Gun-Buyers,” Press release, January 31, 2013, available at http://www.quinnipiac.edu/images/polling/pa/gun01312013_%20BACKGROUND%20 CHECKS.pdf/.

13.

Qudsia Raja, “To Keep Women Healthy, We Must Protect Them from Gun Violence,” Huffington Post, May 16, 2014, available at http://www.huffingtonpost.com/qudsia-raja/to-keep-women-healthy-we_b_5338906.html; Ryan Hutchins, “Domestic violence opponents mourn slain woman in Elizabeth,” The Star-Ledger, September 14, 2010, available at http:// www.nj.com/news/local/index.ssf/2010/09/domestic_violence_opponents_mo.html.

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New Jersey Domestic Violence and Guns | 3

FACT SHEET

Nevada Domestic Violence and Guns June 2014 Nevada has weak restrictions on access to firearms by domestic abusers. Few abusers are barred from possessing firearms under state law; more can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview Nevada is home to a staggering amount of gun violence. • From 2001 to 2010, 3,895 people were killed with guns in Nevada—more than twice the number of all U.S. combat deaths in the war in Afghanistan.1 This statistic makes Nevada the state with the fifth highest rate of gun violence. • Somebody is killed with a gun in Nevada every 22 hours: in 2010 alone, there were 395 deaths from gun violence in the state.2 • According to the Federal Bureau of Investigation, there were 221 domestic violence homicides in Nevada from 2003 to 2012. More than half—52.9 percent—of these victims of domestic violence were killed with guns. 3 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • In 2011, 35 percent of female homicide victims in Nevada were killed in a domestic violence incident—a total of 13 women murdered in domestic violence disputes.4 • Firearms accounted for the murders of 214 women in Nevada from 2001 to 2010.5

In the past 10 years, more people were killed with guns in Nevada than killed in combat in the war in Afghanistan.

3,895

people killed with guns in Nevada in the past 10 years

1,825

combat deaths in the war in Afghanistan

Overview of Nevada Laws to Protect Women from Abusers and Stalkers Nevada law currently prevents some domestic abusers from possessing guns. • In Nevada, protective orders that prohibit guns may be available to people abused by family or household members or current or former dating partners.6 • A court issuing a protective order may also require the abuser to surrender guns already in his possession, but this is not a mandatory provision. 7

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In 2011, 35 percent of female homicide victims were murdered in domestic violence disputes.

Nevada Domestic Violence and Guns | 1

Nevada state law has loopholes that provide some abusers easy access to guns. • Nevada does not require a background check for all gun buyers, including those at gun shows or over the Internet. • Unlike federal law, Nevada does not prohibit domestic violence misdemeanants from possessing guns. • Nevada does not bar convicted misdemeanant stalkers from gun possession. • A court that issues a domestic violence protective order in Nevada may choose not to include a gun prohibition or surrender provisions—even though federal law prohibits abusers subject to certain protective orders from possessing guns.8

Where does Nevada stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Support for doing more to protect women from abusers and stalkers in Nevada Nevadans overwhelmingly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a January 2014 poll by Public Policy Polling, 78 percent of Nevadans supported requiring a criminal background check for all gun sales, and 77 percent supported “prohibiting anyone convicted of stalking or subject to a restraining order for domestic violence” from buying a gun.9

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • Maria Flores dated Manuel Mata for three years, during which time he became increasingly abusive. Flores had decided to end the relationship; however, she never had the chance. On June 1, 2013, Mata shot and killed Flores and her 17-year old daughter, shot and injured her 4-year old daughter, and attempted to kill himself in the Las Vegas home they shared. Mata was charged with murder and attempted murder.10

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Background checks required on all gun sales?

A majority of Nevadans support background checks required on all gun sales.

78%

Nevada Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System).”

Federal Bureau of Investigation, Supplemental Homicide Data (2003-2012).

Federal Bureau of Investigation, Supplemental Homicide Data (2011).

Arkadi Gerney, Chelsea Parsons, and Charles Posner, “America Under the Gun: A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws” (Washington: Center for American Progress, 2013), available at http://americanprogress.org/issues/civil-liberties/ report/2013/04/02/58382/america-under-the-gun/.

Nev. Rev. Stat. Ann. § 33.031.

Center for American Progress Action Fund, “ProgressNow Nevada Joins CAP Action at Nevada Strategy Summit for Stronger Gun Violence Prevention,” Press release, January 24, 2014, available at http://www.americanprogressaction.org/press/ release/2014/01/24/82723/release-progressnownevada-joins-cap-action-at-nevada-strategy-summitfor-stronger-gun-violence-prevention/.

10.

Colton Lochhead, “Police: Man charged in fatal shooting of girlfriend and her daughter had turbulent relationship,” Las Vegas Review Journal, June 3, 2013, available at http://www.reviewjournal.com/news/ crime-courts/police-man-charged-fatal-shootinggirlfriend-and-her-daughter-had-turbulent-0.

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Nevada Domestic Violence and Guns | 3

FACT SHEET

Pennsylvania Domestic Violence and Guns June 2014 Pennsylvania has certain restrictions on firearms access by domestic abusers and stalkers. More can be done to prevent access to guns by abusive co-habiting and noncohabiting dating partners and family members.

State Gun and Domestic Violence Overview Pennsylvania is home to a staggering amount of gun violence. • From 2001 to 2010, 12,941 people were killed with guns in Pennsylvania. That is more than twice the number of all U.S. combat deaths in the Iraq and Afghanistan wars combined.1 • Somebody is killed with a gun in Pennsylvania every seven hours: in 2010 alone, there were 1,307 gun deaths in the state.2 Domestic violence fatalities are prevalent in Pennsylvania, and they are frequently a result of gun crime. • According to the FBI, there were 591 domestic violence homicides in Pennsylvania from 2003 to 2012. Of those, more than half of the victims—51.8 percent—were killed with guns.3 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • From 2003 to 2012, of 1,292 female homicide victims in Pennsylvania, 469 were the result of a domestic violence incident.4 • Firearms accounted for the murders of 680 women in Pennsylvania from 2001 to 2010.5

Overview of Pennsylvania laws to protect women from abusers and stalkers Pennsylvania law currently prevents some domestic abusers from possessing guns. • Any family member or current or former sexual or intimate partner who has been subject to abuse may seek a protective order barring the abuser from possessing firearms. 6 • Pennsylvania bars stalking misdemeanants from possessing firearms.7

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In the past 10 years, more than twice as many people were killed with guns in Pennsylvania than killed in combat in the wars in Afghanistan and Iraq.

12,941 people killed with guns in Pennsylvania in the past 10 years

5,315

combat deaths in the wars in Iraq and Afghanistan

From 2003 to 2012, more than 36 percent of all female homicides in Pennsylvania were cases of domestic violence involving family members or intimate partners.

Pennsylvania Domestic Violence and Guns | 1

Pennsylvania still has loopholes that can let some abusers have easy access to guns. • Pennsylvania matches federal law by barring gun possession by certain domestic violence misdemeanants. However, Pennsylvania does not ban gun possession by people who have been convicted of violent misdemeanors against dating partners or family members such as siblings.8 • A court issuing a domestic violence protective order is allowed, but not required, to prohibit the abuser from possessing firearms and order him or her to surrender all firearms.9 • Pennsylvania requires background checks for all sales of handguns but not long guns.10

Support for doing more to protect women from abusers and stalkers in Pennsylvania Most Pennsylvanians strongly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a January 2013 poll conducted by Quinnipiac University, 95 percent of those surveyed supported requiring background checks for all gun buyers—including 94 percent of Republicans and 96 percent of Democrats.11

Where does Pennsylvania stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Pennsylvanians support background checks required on all gun sales.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • In March 2013, Kenneth Ayers fatally shot his 2 year-old son, Michael, and shot his estranged wife, Hollie, in the face during a custody exchange. Ayers had become abusive following the birth of their son, threatening his wife and their child, which prompted Hollie to file for a protection order when Michael was 6 months old. Although Ayers should have been prohibited from having a gun because of this protective order, he was still able to obtain one, which he used to kill his child and critically wound Hollie.12

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95%

Pennsylvania Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System),” available at http://www.cdc. gov/injury/wisqars/fatal.html (last accessed October 2013); U.S. Department of Defense, U.S. Casualty Status (2014), available at http://www.defense.gov/ NEWS/casualty.pdf.

18 Pa. Cons. Stat. Ann. §§ 2709.1, 6105(b).

See 18 U.S.C. §§ 921(a)(33), 922(g)(9); 18 Pa. Cons. Stat. Ann. § 6105(c)(9).

23 Pa. Cons. Stat. Ann. § 6108(a)(7).

10.

18 Pa. Cons. Stat. Ann. §§ 6102, 6111, 6111.1.

Ibid.

11.

Federal Bureau of Investigation, Supplemental Homicide Data (U.S. Department of Justice, 2003–2012).

Ibid.

Quinnipiac University Poll, “Pennsylvania Voters Want Stricter Gun-Control, Quinnipiac University Poll Finds; Voters Lean Slightly to Same-Sex Marriage,” Press release, January 30, 2013, available at http://www. quinnipiac.edu/news-and-events/quinnipiac-university-poll/search-releases/search-results/release-detail ?ReleaseID=1836&What=&strArea=5;10;&strTime=24.

12.

Associated Press, “Kenneth Ayers Wounds Wife, Kills Son, Takes Own Life in Pennsylvania Murder-Suicide,” The Huffington Post, March 24, 2013, available at http://www.huffingtonpost.com/2013/03/24/kenneth-ayers-pennsylvania-murder-suicide_n_2945381. html.

See 18 Pa. Cons. Stat. Ann. § 6105, 23 Pa. Cons. Stat. Ann. §§ 6102(a), 6108.

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FACT SHEET

Virginia Domestic Violence and Guns June 2014 Virginia has weak restrictions on access to firearms by domestic abusers. Few abusers are barred from possessing firearms under state law; more can be done to prevent access to guns by convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview Virginia is home to a staggering amount of gun violence. • From 2001 to 2010, 8,262 people were killed with guns in Virginia. That is more than one and a half times more than all U.S. combat deaths in the Iraq and Afghanistan wars combined.1 • Somebody is killed with a gun in Virginia every 10 hours: in 2010 alone, there were 875 deaths from gun violence in the state.2 Domestic violence fatalities are too common in Virginia, and they are often linked to gun crime. • According to the Centers for Disease Control and Prevention, more than one in five—22.2 percent—of all 316 homicides in Virginia in 2011 were cases of domestic violence involving family members or intimate partners.3 • More than 60 percent of these victims of domestic violence were killed with guns.4 Women are far more at risk to be victims of fatal domestic violence, and guns play a significant role in that violence. • In 2011, 56 percent of female homicide victims in Virginia were killed in a domestic violence incident—a total of 47 women murdered in domestic violence disputes.5 • Firearm accounted for the murders of 549 women in Virginia from 2001 to 2010.6

Overview of Virginia Laws to Protect Women from Abusers and Stalkers Virginia law currently prevents few domestic abusers from possessing guns. • Virginia prohibits abusers subject to domestic violence protective orders from purchasing or transporting guns, and makes those orders available to anyone abused by a family or household member. However, unlike federal law, the state law does not criminalize gun possession.7

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In the past 10 years, more than one and a half times more people were killed with guns in Virginia than killed in combat in the wars in Afghanistan and Iraq.

8,262

people killed with guns in Virginia in the past 10 years

5,260 combat

deaths in the wars in Afghanistan and Iraq

In 2011, more than 50 percent of female homicide victims were killed in a domestic violence incident.

Virginia Domestic Violence and Guns | 1

Virginia state law has many loopholes that provide some abusers easy access to guns. • Virginia does not require a background check for all gun buyers, including those at gun shows or over the Internet. • Unlike federal law, Virginia does not prohibit domestic violence misdemeanants from possessing guns. • Virginia does not ban misdemeanant stalkers from possessing guns. • People who have been abused by non-cohabitating dating partners or stalked cannot seek a protective order banning the abuser from possessing guns unless a warrant is issued for the abuser’s arrest. • Virginia has no process for abusers to surrender firearms when they become prohibited from possessing them under state or federal law.

Support for doing more to protect women from abusers and stalkers in Virginia Virginians overwhelmingly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a January 2013 poll by Quinnipiac University, 92 percent of Virginia voters supported “background checks on people buying guns at gun shows,” including 91 percent of respondents from gun-owning households.8

Where does Virginia stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Virginians support background checks required at gun shows.

92%

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • When Deborah Wigg began the process of divorcing her husband, Robert, she sought an order of protection, telling the court that he had assaulted her by grabbing her by the hair, throwing her to the ground, and then ripping a door from its hinges and throwing it at her. Robert Wigg was then arrested, and in April 2011, Deborah was granted a protective order. Despite telling authorities that he was a gun owner, no action was taken to confiscate his gun, even though he was prohibited from possessing it under the federal law due to the issuance of the restraining order. On November 8, 2011, Robert broke into Deborah’s home in Virginia Beach, Virginia, and shot her in the head, killing her. He then turned the gun on himself and committed suicide.9

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Virginia Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System).”

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS),” available at http://wisqars.cdc.gov:8080/nvdrs/nvdrsDisplay.jsp (last accessed May 2014).

Ibid.

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS).”

Arkadi Gerney, Chelsea Parsons, and Charles Posner, “America Under the Gun: A 50-State Analysis of Gun Violence and Its Link to Weak State Gun Laws” (Washington: Center for American Progress, 2013), available at http://americanprogress.org/issues/civil-liberties/ report/2013/04/02/58382/america-under-the-gun/.

Va. Code Ann. § 18.2-308.1:4.

Quinnipiac University, “Virginia Voters Want Armed Cops in Schools, Quinnipiac University Poll Finds; Voters Frustrated by Fiscal Cliff Deal,” Press release, January 10, 2013, available at http://www.quinnipiac. edu/news-and-events/quinnipiac-university-poll/ virginia/release-detail?ReleaseID=1830.

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FACT SHEET

Wisconsin Domestic Violence and Guns Wisconsin passed new laws in 2014 providing increased restrictions for possession and purchase of firearms by domestic abusers. However, there is still more that can be done to keep guns out of the hands of dangerous persons, including convicted stalkers and domestic violence misdemeanants.

State Gun and Domestic Violence Overview Wisconsin is home to a staggering amount of gun violence. • From 2001 to 2010, 4,589 people were killed with guns in Wisconsin. That is over 30 percent more than all U.S. combat deaths in the entire Iraq War.1 • Somebody is killed with a gun in Wisconsin every 18 hours: in 2010 alone, there were 501 gun deaths in the state.2 Domestic violence fatalities are too common in Wisconsin, and they are often linked to gun crime. • According to the Centers for Disease Control and Prevention more than one in five—20.5 percent—of all 146 homicides in Wisconsin in 2011 were cases of domestic violence involving family members or intimate partners.3 • More than a third—36.7 percent—of these victims of domestic violence were killed with guns.4

In the past 10 years, more people were killed with guns in Wisconsin than killed in combat in the war in Iraq.

4,589

people killed with guns in Wisconsin in the past 10 years

3,490 Women are far more at risk to be victims of fatal domestic violence, and guns play a big role in that violence. • In 2011, half of all female homicide victims in Wisconsin were killed in a domestic violence incident: A total of 16 women murdered in domestic violence disputes.5 • Firearms accounted for the murders of 224 women in Wisconsin from 2001 to 2010.6

Overview of Wisconsin Laws to Protect Women from Abusers and Stalkers Wisconsin law currently prevents some convicted domestic abusers from possessing guns. • Wisconsin bars persons subject to restraining orders for domestic violence and harassment from possessing guns.7 These restraining orders are available to victims of abuse between family members, household members, current and former spouses, individuals in a dating relationship, or adults with a child in common.8 • In 2014, Wisconsin passed a law that provides notice of firearm prohibition in hearings relating to domestic violence restraining orders and provides a process for surrendering firearms following the granting of certain injunctions.9

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combat deaths in the war in Iraq

In 2011, half of all female homicide victims were killed in a domestic violence incident.

Wisconsin Domestic Violence and Guns | 1

Wisconsin still has loopholes that can let some abusers have easy access to guns. • Wisconsin does not require a background check for all gun buyers, including those at gun shows or over the Internet. • Wisconsin has no law—beyond federal restrictions—prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms.10 • Wisconsin only bars gun possession for those convicted of a stalking felony; it does not bar gun possession by misdemeanant stalkers.11

Support for Doing More to Protect Women from Abusers and Stalkers in Wisconsin Wisconsinites overwhelmingly support expanding background checks to keep guns from criminals, domestic abusers, and other dangerous people. • In a May 2013 poll by Marquette Law School, 72 percent of Wisconsin voters supported “background checks on private sales of guns and at gun shows,” including 67 percent of gun owners.12

Where does Wisconsin stand on laws to protect women from abusers and stalkers? Stalkers prohibited?

Dating partner abusers prohibited?

Mandatory surrender provisions?

Background checks required on all gun sales?

A majority of Wisconsinites support background checks required at gun shows.

Case Study We need universal background checks and other important measures to keep guns out of the hands of dangerous abusers. • After being married for a number of years, Zina Daniel and Radcliffe Haughton became estranged. In October 2012, Daniel obtained a restraining order against Haughton, telling the court that he had slashed her tires and had threatened to throw acid in her face and burn her and her family with gas. She told the court that his threats against her “terrorize[d] her every waking moment.” Despite being prohibited from buying or possessing a gun under federal law because of this restraining order, Haughton easily purchased a gun on the Internet from a private seller, who was not required to conduct a background check. On October 21, 2012, Haughton appeared at the salon and spa in Brookfield, Wisconsin where Daniel worked, shot and killed her and two other women, and injured four others before killing himself.13

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72%

Wisconsin Domestic Violence and Guns | 2

Endnotes 1.

Centers for Disease Control and Prevention, “WISQARS™ (Web-based Injury Statistics Query and Reporting System),” available at http://www.cdc.gov/injury/ wisqars/fatal.html (last accessed October 2013); U.S. Department of Defense, Operation Iraqi Freedom U.S. Casualty Status (2014), available at http://www. defense.gov/NEWS/casualty.pdf.

See Wis. Stat. § 813.12(1)(am).

2013 Wis. ALS 321; Dinesh Ramde, “Wisconsin Enacts Three Laws to Protect Victims of Domestic Violence,” Associated Press, April 16, 2014, available at http:// www.twincities.com/localnews/ci_25581231/wisconsin-enacts-3-laws-protect-victims-domestic-violence.

Ibid.

10.

18 U.S.C. § 922(g)(8), (9).

Centers for Disease Control and Prevention, “WISQARS (Web-based Inquiry Statistics Query and Reporting System)”, available at http://wisqars.cdc.gov:8080/ nvdrs/nvdrsDisplay.jsp (last accessed May 2014).

11.

See Wis. Stat. §§ 813.125(1)(a), 940.32.

12.

“Marquette Law School Poll looks at 2016 presidential candidates, state budget issues and background checks for guns,” Marquette University Law School, May 6-9, 2013, available at https://law.marquette.edu/ poll/2013/05/14/marquette-law-school-poll-looksat-2016-presidential-candidates-state-budget-issuesand-background-checks-for-guns/ (last accessed November 2013).

13.

Ibid.

Centers for Disease Control and Prevention, “National Violent Death Reporting System (NVDRS),” available at http://wisqars.cdc.gov:8080/nvdrs/nvdrsDisplay.jsp (last accessed May 2014).

Wis. Stat. §§ 813.12(1)(am), (4)(a), (4m), 813.122(5m), 813.125(4m), 941.29(1)(f ), (g), (2)(d), (e).

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