Law would take away guns from domestic violence offenders

A person accused of domestic violence who has a protective order placed against them can be required to relinquish their firearms temporarily, the bill states.

If someone is convicted of a domestic violence crime, he or she cannot possess, ship, transport or receive a firearm, offensive weapon or ammunition while the conviction stands.

Supporters of the soon-to-be law see it as another safety measure for victims of domestic violence from abusers who use guns to hurt, kill or threaten.

"When we know that guns in the hands of abusers have killed Iowans every year and not just victims but children and bystanders, it makes sense," said Cathy Van Maanen, Plymouth County Council on Sexual Assault & Domestic Violence (CSADV) outreach coordinator.

Since 1994 there have been more than 209 domestic violence deaths as a result of use of a firearm across Iowa, according to data from the Domestic Violence Review Team.

Darin Raymond, Plymouth County attorney and a member of the group, said its purpose is to study domestic violence deaths throughout Iowa and gather information.

"We're to study those cases and come up with summaries and recommendations for the Legislature and other professional groups to help identify and prevent domestic violence deaths in Iowa," Raymond said.

The ability to take away firearms is an option courts didn't have before to deter domestic violence abusers, Raymond said.

"The more tools judges and prosecutors have in their toolboxes to address the varying dynamic problems that domestic violence presents improves the safety for the community and victims," Raymond said.

Taking firearms out of domestic violence situations is not only a safety measure for victims, but also for law enforcement, said Mike Van Otterloo, Plymouth County sheriff.

"When we go to domestic calls where there are weapons involved, we certainly use caution because they are very dangerous," Van Otterloo said. "One of the questions our dispatchers are taught to ask is 'Are there weapons involved?'"

Although Sen. Randy Feenstra is "passionate" about domestic violence, he voted against the bill because of what he sees as gray areas within it and its potential infringement on second amendment rights.

"It's a slippery slope when you are creating a law to take guns away that might go against the U.S. Constitution of the right to bear arms," Feenstra said.

Van Otterloo said safety and human life takes precedence over the "right to bear arms."

"It's a right that can be taken away," Van Otterloo said. "It's taken away because of their own actions."

Feenstra also thought the bill didn't clearly clarify information, like how long a person's firearms would be taken away and if they would ever get them back.

"Some of these areas were discussed within the bill, but they were fairly vague," Feenstra said. "And what about other weapons like knives or baseball bats?"

The law -- which may go into effect as of July 1 -- could also be retroactive, he said.

"If you were convicted in June or May, you could have your guns pulled away," Feenstra said.

Local law enforcement would be responsible for confiscating the weapons.

Rep. Chuck Soderberg voted against the bill because he was concerned about taking away second amendment rights before an actual conviction of a domestic abuse crime.

"There is a federal law, which is kind of the basis of this law," Soderberg said. "In my opinion this law went beyond the federal law because it's taking somebody's rights away before they're found guilty."

Whether for or against the bill, it's now on Iowa Gov. Chet Culver's desk and is expected to be signed into law Monday.

Van Maanen, of the CSADV, said that although favorable, the new legislation is only a piece of what is needed to help protect victims of domestic violence and their children.

"This is a good thing. This is a good win for victims everywhere in Iowa," she said. "This is part of holding batterers accountable."