These Abusers Aren't Allowed To Own Guns. So Why Aren't States Removing Them?

[discntnt_irny_srcsm]

http://www.huffingtonpost.com/2014/10/14/domestic-violence-guns-restraining-orders_n_5982774.html?utm_hp_ref=gun-control

On the worst night of her life, Nicole Beverly was beaten almost unconscious by her husband and then forced to sit beside him as he loaded and unloaded his gun, threatening to kill her. “I was sure I was going to die,” she told The Huffington Post.

Paralyzed with fear, it took her five months to tell anyone about the abuse and seek help. One crisp Michigan morning she did, filing a restraining order and fleeing with her two children. But after Beverly was granted the order, she was horrified to find out that the gun her husband had used to terrorize her remained in his possession.

Under the 1996 Lautenberg amendment to the Federal Gun Control Act, people who are subject to permanent domestic violence restraining orders can’t own or buy guns. (The law generally doesn’t apply to dating partners or temporary restraining orders, although there are legislative efforts underway to change that.)

But Michigan -- like most states -- doesn’t have a law requiring people with domestic violence restraining orders to actually surrender their firearms to authorities. Without a mandatory state process in place to remove his guns, Beverly's husband was left armed and dangerous.

...

There must be a crack somewhere that stuff like this falls through.

[PoliticAverse]

1. The Federal Gun Control Act is a Federal Law, enforced by the Federal Government.

The Federal Government should be enforcing the law else what is the purpose of having it?

State laws on gun ownership and domestic violence vary by state.

http://www.justice.gov/usam/criminal-resource-manual-1117-restrictions-possession-firearms-individuals-convicted

[Lurks Often]

3. Which would fall under the BATFE..............

Now I see why it really isn't being enforced.

[Eleanors38]

2. Yep. This is where true improvements can be made.

What is puzzling is that this punk should be subject to other felonies. Were these prosecuted? That should subject the offender to existing laws regarding gun possession. I understand Florida can prosecute domestic abusers even if the victim does not prefer charges.

[Surf Fishing Guru]

4. This issue shows deficiencies in the NICS as well . . .

States don't report to NICS those who are placed under qualifying PFA/RO's.

There are on the order of 600,000 qualifying orders issued annually but the NICS database only has 48,000 records in it.

Sadly, the entire database is a joke . . .

FBI -- NICS ACTIVE RECORDS AS OF MARCH 31, 2015 (4kb pdf)

[discntnt_irny_srcsm]

5. State NICS participation differs from one to another

http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map



IMHO, the ideal is Full POC (point of contact). FFLs in the red states contact a state agency which not only contacts the FBI NICS database but also accesses various in-state records. Some states have very limiting and stringent privacy laws about doctor-patient privacy (which includes mental health) and this arrangement allows for a more complete investigation of the applicant.