1. Developing a Firearm Surrender Protocol
David W. Keck
Director, National Resource Center on Domestic Violence and Firearms
Jordan Ferguson
Spokane Police Department
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ACKNOWLEDGEMENT
This project was supported by Grant No TA-AX-K047 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
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Mission
Prevent the restrained person from using firearms to threaten, injure, or kill domestic violence victims, their children, themselves, and law enforcement personnel.
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Current Protocols
Effective firearm surrender protocols take many forms.
Each engages different players in the legal system.
Each takes its authority from different places.
Each has its advantages.
        None is exclusive of the other
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Common Forms
Court-centered
Law Enforcement-centered
Probation-centered
Relies on enforcement as a mandatory condition of Probation by the supervising Officer(s)
These forms generally reflect the member of the legal system primarily responsible for implementation and enforcement of the protocol.
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Court-Ordered
Civil protective Orders:
Upon service of ex parte Order
At conclusion of due process hearing
Criminal cases:
At initial hearing / bond hearing
Upon conviction
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Probation
Upon commencement of supervision of a qualifying domestic violence conviction 
Compliance checks during term of sentence
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Law enforcement
Domestic violence calls
Plain view, consent, or court order 
Upon DV arrest
Upon conviction
Upon entry of DV protective order
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Authority
Codes
State statute
Local jurisdiction: City or County Ordinance
Court rule:
Statewide
Judicial District
Probation and Parole Rules of Supervision
State, Local, or Federal 
Police Procedures
Statewide, Local jurisdiction
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Advantages
Law-Enforcement centered surrender protocols:
Early Implementation, while situation still volatile
Law Enforcement has access to and involvement with community
Ability to track, investigate and enforce firearm compliance requirements, pursuant to court orders and existing state laws
Probation/Supervision centered
Active involvement with defendant
Authority and control over defendant
Active communication with victim
Court centered
Court has benefit of history of case
May have ongoing control over defendant
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11. Continuum of Contact through DV case
Victim, ER personnel, DV Advocates, Family, Co-workers, Friends, Neighbors (prior to legal system contact)
Police upon responding to disturbance
Law enforcement/Jail personnel upon arrest
Sheriff/Police Department Evidence Technician upon surrender
District Attorney/Victim-Witness personnel upon referral
Court upon Initial Appearance/Bond Hearing/Sentencing/Dismissal
Probation Department upon conviction/violation
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12. Continuity within Systems
Law enforcement is positioned, trained and equipped to physically take firearms
Courts in position to make findings and enter orders
Probation in position to enforce orders, monitor compliance, store firearms
District Attorney in position to engage all three
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13. Ideal Protocol Would Include:
DV advocates
State
Local
Law enforcement
County
City/Town
District Attorney
Victim/Witness Coordinator
Courts
Clerks
Courthouse Security
Probation/Parole
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DV Advocates
Provide Education and Guidance to:
Community
Individual Victims / Family
Monitor Compliance
From victims’ perspective
From stakeholders’ perspective
Provide Feedback
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Law Enforcement
Receiving and storing surrendered guns, seizing guns not surrendered, returning guns if appropriate
Investigating and reporting violations
Monitoring domestic violence court orders for firearm surrender violations to disarm the restrained person and achieve compliance
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District Attorneys
Coordination between civil and criminal cases
Charging based upon intersection of DV cases
Prosecution of violations
Ensuring compliance and warnings upon sentencing
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Courts
Putting restrictions in place
Warnings to defendants
Monitoring compliance
Reporting entered orders locally and statewide
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Probation / Parole
Establishing rules and conditions of probation compliance
Ordering surrender of Firearms 
Receiving and storing, in some cases
Monitoring compliance
Monitoring domestic violence court orders for firearm surrender violations to disarm the restrained person and achieve compliance (and monitoring FBI/NICS requests for prohibited persons attempting to purchase)
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19. Ideal Protocol would have:
Specific protocols
Identified players
Simplified logistics
Communication between players
Flexibility
Buy-In from all players
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Contact
David W. Keck
Director, National Resource Center on Domestic Violence and Firearms
(920)
© 2019 Safer Families, Safer Communities