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Virginia C apitol C onnections, Fall 2016
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While leaders in Washington remain
gridlocked over commonsense approaches
to preventing gun violence, Virginia has
taken a significant leap forward thanks
to the leadership of Governor McAuliffe.
In February, Governor McAuliffe signed
several pieces of legislation as part of a
bipartisan firearms agreement that took
effect on July 1. A key component of the
agreement prohibits individuals subject to
final protective orders of family abuse from
possessing firearms and requires them to
turn over their guns within 24 hours. Any person who continues to
possess firearms after that period will now face a class six felony.
For over 20 years, legislators in Virginia, including myself,
have worked to pass legislation to achieve this goal and protect
survivors of domestic violence. Each year, these efforts have
been unsuccessful and each year we lose more lives to the lethal
intersection of domestic violence and firearms. We know that when
firearms are present in domestic violence situations, women are five
times more likely to die. In fact, in 2014, Virginia experienced 66
domestic violence related homicides that occurred with a firearm.
During this legislative session, Governor McAuliffe put politics
aside and took the necessary steps to fulfill the promises he has
made to Virginians since the start of his campaign.
Virginia now joins a minority of states in prohibiting possession
of firearms for individuals subject to protective orders. Only
11 other states require subjects of these orders to turn over their
firearms. These components, combined with the 24 hour period to
turn over firearms and a felony penalty for continued possession,
Virginia now has one of the toughest, if not the toughest domestic
violence laws in the nation.
Our Governor’s commitment to this issue did not end with the
passage of this law. He quickly directed me to convene a group
of stakeholders to consider a number of issues that were discussed
during the negotiation process; most significantly around the
relinquishment provision. States with similar prohibitions have
created several options for individuals to safely turn over firearms,
including sale or transfer to third parties, federal firearms dealers
and in some cases, transfer to law enforcement agencies.
Rare Bipartisan Action
leads to toughest domestic violence law in the nation By Brian Moran
After twomeetings, thework group, which included representatives
from the victim advocacy community, the legal community, law
enforcement agencies and the courts, identified several opportunities
to strengthen the implementation process. With the work group’s
input, I am proud to say that we developed an implementation plan and
Virginia was prepared to implement the new law when it took effect.
In anticipation of July 1, I sent a letter to every Chief of Police
and Sheriff across the Commonwealth to request their participation in
accepting firearms from individuals subject to these orders. Throughout
the work group meetings, it became clear that partnering with our law
enforcement agencies would not only result in safer relinquishment
practices but would also be essential to protecting our officers from
the dangers of responding to domestic violence calls. Earlier this
year, along with Governor McAuliffe, I attended the funeral of Prince
William County Police Officer Ashley Guindon who was killed while
responding to a domestic violence call during her very first shift. This
tragedy is a stark reminder of the dangers of these calls.
Despite challenges surrounding storage capacity, liability and
funding, I am pleased to share that in response to my letter, over 60
law enforcement agencies across the Commonwealth have indicated
their willingness to accept firearms as part of the new law. To address
the concerns raised by agencies not able to participate at this time,
the Department of Criminal Justice Services (DCJS) has made over
$300,000 in federal funds from Virginia Services, Training, Officers,
Prosecution (VSTOP) program available to fund local approaches to
effective implementation.
Additionally, the Virginia State Police have updated the Virginia
Criminal Information Network (VCIN) to reflect changes in the new
law, including a mandatory field for officers to input the time the
protective order is served and whether the order is a family abuse
protective order. By modifying the system, officers will be able to more
clearly identify whether an individual is prohibited from possessing
firearms and if he or she is in violation of the order.
Since taking office, Governor McAuliffe has demonstrated time
and time again that he is and will remain a champion for gun violence
prevention efforts in the Commonwealth. His refusal to accept a
Washington-style gridlock and commitment to working in a bipartisan
way allowed Virginia to take commonsense steps that will enhance
public safety and ultimately save lives.
Brian Moran is the Secretary of Public Safety and Homeland Security
for the Commonwealth of Virginia.
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