Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
Gov. Tom Wolf on Tuesday threw his weight behind a bipartisan bill to restrict domestic abusers' access to guns.
Senate Bill 501 would require anyone who is under an active protection-from-abuse order or who has been convicted of misdemeanor domestic violence to hand their guns over to authorities or firearms dealers.
The change would eliminate the option of giving a gun to an acquaintance for safekeeping, and make it a misdemeanor for an acquaintance to accept the firearm. The change would apply to ammunition and other weapons.
We must protect victims spouses and children of domestic violence and attempt to prevent domestic abusers from escalating their violence in everyday places that result in mass murder, Wolf said in a news release. It is time for the General Assembly to act on this bipartisan, commonsense legislation to protect victims and reduce violence.
My question, if it's after due process? Or does a spouse simply have to claim she/he is scared?
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
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Originally Posted by
mikelets456
My question, if it's after due process? Or does a spouse simply have to claim she/he is scared?
Very good question.
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
So all a person has to do is petition the court for a PFA and one may (probably) be awarded?
http://www.pcadv.org/Learn-More/Dome...et-a-PFA-Order
After the petition is filled out, a judge will read it and may ask the plaintiff to answer a few questions. The abuser will not usually be present in the court for this. The judge may grant or deny a temporary PFA order and will schedule a date for a final hearing. A temporary PFA order will protect a victim and/or children until the date of the final hearing. This hearing will take place within 10 business days. Even if the judge does not grant a temporary protection order, the judge will schedule a final order hearing.
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
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Wolf Calls for Passage of Bipartisan Enhanced Firearm Prohibition for Domestic Abusers
November 13, 2017
Harrisburg, PA – Governor Tom Wolf today called on the General Assembly to pass bipartisan legislation, Senate Bill 501 sponsored by Senator Tom Killion (R-Delaware), that would prohibit domestic abusers subject to final Protection From Abuse (PFA) orders from possessing firearms. Across the country, recent mass shootings often have a common thread: perpetrators with a history of domestic violence.
“We must protect victims – spouses and children – of domestic violence and attempt to prevent domestic abusers from escalating their violence in everyday places that result in mass murder,” Governor Wolf said. “It is time for the General Assembly to act on this bipartisan, commonsense legislation to protect victims and reduce violence.”
According to recent research, from 2009 to 2016 in the U.S., there have been 156 mass shootings—incidents in which four or more people were shot and killed, not including the shooter. These incidents resulted in 1,187 victims shot: 848 people were shot and killed, and 339 people were shot and injured. The majority of mass shootings—54 percent of cases—were related to domestic or family violence.
Senate Bill 501 was introduced at the beginning of this session and referred to committee in late March of 2017. It has bipartisan sponsors from across the state in the Senate.
Governor Wolf has pushed for a package of reforms aimed at combatting domestic violence, including SB 501 and:
SB 196 (Hughes) allows a judge to order electronic monitoring of a PFA defendant if the defendant is found by the judge to be at substantial risk of violating the PFA.
SB 449 (Bartolotta) provides additional assessment tools for Magisterial District judges in cases of domestic violence to determine bail for a defendant based on the risk posed to a victim.
SB 500 (Vulakovich) provides for a law enforcement official to accompany a victim to his or her residence before or during the service of a PFA order.
SB 502 (McGarrigle) allows judges to extend the terms of a PFA order or create an entirely new one if the order is set to expire or has expired while a defendant is incarcerated.
SB 919 (Haywood, co-sponsored by Sens. Bartolotta and Schwank) allows a resident of a county housing authority to request relocation if they or someone affiliated with them has experienced domestic or sexual violence.
According to the Senate Bill 501’s sponsorship memo from January 2017, this targeted amendment removes third-party safekeeping as an option for a defendant ordered by the Court to relinquish firearms, weapons and ammunition. No longer would a person be able to transfer the firearms to a relative, friend, neighbor, etc. Defendants in final PFA cases would be required to surrender their firearms.
The bill would also strengthen existing surrender policy of convicted abusers to require surrender within 24 hours upon conviction of a misdemeanor crime of domestic violence, not the current 60 day period.
The intent of this change in law is to enhance safety for parties and their children in domestic violence and PFA situations. Enhancing their safety during these difficult times helps not only these families but also law enforcement charged with overall public safety.
This legislation is similar to Senate Bill 1182 (Vance) from the 2015-16 Legislative Session and was a recommendation of the Joint State Government Commission Study on Protection From Abuse Orders in Pennsylvania, published in November 2016.
https://www.governor.pa.gov/wolf-cal...estic-abusers/
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
Quote:
Originally Posted by
Ricochet
So all a person has to do is petition the court for a PFA and one may (probably) be awarded?
http://www.pcadv.org/Learn-More/Dome...et-a-PFA-Order
After the petition is filled out, a judge will read it and may ask the plaintiff to answer a few questions. The abuser will not usually be present in the court for this. The judge may grant or deny a temporary PFA order and will schedule a date for a final hearing. A temporary PFA order will protect a victim and/or children until the date of the final hearing. This hearing will take place within 10 business days. Even if the judge does not grant a temporary protection order, the judge will schedule a final order hearing.
not probably. will. the second she cries boo-hoo and they find out you own guns it's automatic. they hand out PFAs like pez. you are stripped of your rights with ZERO due process. you have 24 hours to surrender your firearms. oh, but don't worry, we'll get you into court in 10 (business) days... most divorce attorneys encourage the woman to file a PFA. PFA's are the biggest abortions of the legal system that exists. you are guilty until you prove yourself innocent. ask me how i know...
if you want to really get your blood pressure up, do some google searches on PFAs and read some of the stories. try not to smash your computer...
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
Quote:
Originally Posted by
03SVTCobra
not probably. will. the second she cries boo-hoo and they find out you own guns it's automatic. they hand out PFAs like pez. you are stripped of your rights with ZERO due process. you have 24 hours to surrender your firearms. oh, but don't worry, we'll get you into court in 10 (business) days... most divorce attorneys encourage the woman to file a PFA. PFA's are the biggest abortions of the legal system that exists. you are guilty until you prove yourself innocent. ask me how i know...
if you want to really get your blood pressure up, do some google searches on PFAs and read some of the stories. try not to smash your computer...
Thats crazy.
And Im sure some evil bitch knowing your guns get taken away would love making that happen just out of spite.
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
So........Should you get a PFA on her first?
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
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Originally Posted by
Delkal
So........Should you get a PFA on her first?
Very good idea.
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
In my opinion, the proposal as worded will be convoluted in so many directions that the final draft will not be palatable to either side. Each side will attach provisions to the point of silliness.
Re: Gov. Tom Wolf promotes bill to restrict domestic abusers' access to guns
Many women use the PFA as a weapon when a marriage is self destructing. They are encouraged by their attorneys. It gets the man out of the house for 30 days, no questions asked.
During that time the women can clean out everything the man has and there is nothing he can do about it. Tools, fishing equipment, electronics, furniture, your dogs etc....
After all, it is also her stuff. She has as much right to it as he does. The values will be negotiated in court at a later date. It happens every day. It has happened to friends. It happened to me.
The PFA was designed to protect women from dangerous and abusive men. It is more often used as a tool and a weapon to strengthen their side in the negotiation.
It is a terrifying situation. If you are innocent it will be resolved in court,but, all your stuff may be gone.
