1.0 Law & Legal CLE Credit A/V Approval # Recording Date - October 5, 2018 Recording Availability October 19, 2018

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1 1.0 Law & Legal CLE Credit A/V Approval # Recording Date - October 5, 2018 Recording Availability October 19, 2018 Meeting Location Date Time Topic King County Bar Association 1200 Fifth Avenue - Suite 700 Seattle, WA Friday, October 5, :10 PM to 1:30 PM Firearm Relinquishment and Extreme Risk Protection Orders: An Update from the Regional Domestic Violence Firearms Enforcement Unit AGENDA 12:10 PM Introduction 12:20 PM Presentation: Firearm Relinquishment and Extreme Risk Protection Orders: An Update from the, by Chris Anderson, 1:30 PM Adjourn SPEAKER BIOGRAPHY Chris Anderson,. Chris Anderson is the Director of the Domestic Violence Unit of the Seattle City Attorney's Office. Sandra Shanahan,. Sandra Shanahan is the Program Manager at the. LISTSERV: Did you know your section has a discussion listserv? Members can use it to post messages and ask questions to other section members. Any «Section» Section member may post a message to the discussion forum. To post, send your message to: familylaw@lists.kcba.org.

2 HOW DO I EARN CREDIT FOR SELF-STUDY OR AUDIO/VISUAL (A/V) COURSES? For pre-recorded A/V (self-study) programs, although the sponsor should apply for accreditation, lawyers need to report the credits earned for taking the course. To add an approved course to your roster, follow the procedures below: Go to the "mywsba" website at Log in. Click on the "Access MCLE" link in the "MCLE Info" box on your home profile page. Click on "Add Activity." Search to find the approved course in our system. (See search suggestions on the screen.) Adding a Recorded Course Select Recorded Course from the Add New Activity screen. This will prompt you to search for the activity in case the activity has already been accredited in the MCLE system. You can search by Activity ID or by specific Activity Details. For the Activity Details search, you can use keywords for the title, sponsor name and date. After entering your search criteria and selecting Search at the bottom of the screen, a list of possible activities will be provided. You can select the correct one by clicking the Activity ID. This will take you to the specific activity. Entered the date(s) on which you began and ending viewing this recorded activity. Then claim the correct credits for which you attended this activity in the Credits Claimed fields and click the Submit button at the bottom of the page. You will receive a confirmation message at the top of your screen stating, The activity has been added to your roster.

3 Firearm Relinquishment and Extreme Risk Protection Orders: An Update from the King County Bar Association, Family Law Section Meeting October 5, 2018 Chris Anderson, J.D. Co-Chair, Firearms Enforcement Unit and Director of the Domestic Violence Unit of the Seattle City Attorney s Office Sandra Shanahan, MSW, Program Manager, Firearms Enforcement Unit 1 Who We are Funded By the City of Seattle and King County Unit began on January 1, 2018 Risk based, Inter jurisdictional, inter disciplinary Unit comprised of: Court Coordinator 3 Firearm Prosecutors Court Orders Problem-Solver Law Enforcement Detectives/Officers (plus SPD-SCAO Liaison Officers) DV-Firearms Advocate Paralegal Law enforcement based Data Technician Program Manager 2 Unit Co-Chairs 2 1

4 Goal: Prevention and harm reduction Homicide Of intimate partner Of children Suicide By abuser By victim Adolescents in the home Officer fatalities Community violence and mass shootings 3 Washington State Protection Order Firearm Laws and the New Extreme Risk Protection Order 4 2

5 Federal Law Since 1996, Federal law has prohibited persons from possessing guns if they are under a final protective order for domestic abuse or have been convicted of misdemeanor or felony domestic violence. But it doesn t require firearms already owned to be turned in or provide a mechanism for law enforcement to remove firearms in the abuser s possession or control. And it doesn t include abusers subject to temporary DV orders. These orders are often the first step in the DV protective order process, reflecting the immediate danger the victim faces. 5 Washington Gun Laws- RCW 9.41 Defines who cannot possess firearms: Prohibited persons Prohibited firearms (types) Background check requirements Concealed Pistol Licenses (CPL s) Sales and transfers Court Ordered Firearms Surrender 6 3

6 Washington- Prohibited Persons Felony conviction Misdemeanor DV convictions: (A4-DV, VNCO, Coercion, Reckless Endangerment, CT1, and stalking-dv) Respondent/Defendant in a qualifying protection order Charged with a serious offense Under DOC supervision Involuntary civil commitment (14 plus days), commitment for insanity or incompetency Non citizen without an alien firearm license Minors (some exceptions for hunting and sport) Court order 7 What is WA s Firearm Surrender Law? In 2014, the Washington State Legislature unanimously passed ESHB codified as RCW et seq. It includes temporary orders. It requires firearms to be immediately turned in. It requires proof of surrender to be filed with the court. Failure to comply = crime. Important Reminder: If your client has a qualifying order against them (or prohibiting conviction) they cannot live in a home where there are firearms. 8 4

7 The Law in Washington State RCW When entering a qualifying order the court must: Require the respondent to IMMEDIATELY surrender any firearm or other dangerous weapon and concealed pistol license; Prohibit the respondent from obtaining or possessing a firearm or CPL; and Ensure the respondent provides proof of surrender or declaration of non surrender back to the court within 5 Days. These are three equally important prongs immediate surrender, prohibition from purchasing/possessing AND file proof. 9 HB 1840 Applies to Many Types of Orders Civil Orders: Anti-Harassment Orders Stalking Protection Orders Sexual Assault Protection Orders Domestic Violence Protection Orders Vulnerable Adult Protection Orders Family Law Restraining Orders Petitions for Initial Involuntary Detention of a Family Member -- Joel s Law Criminal Orders: No Contact Orders Court-initiated Sexual Assault Protection Orders Court-initiated Stalking Protection Orders Harassment NCOs Extreme Risk Protection Orders (new December 2016) RCW 7.94 Orders to Surrender Weapons (OTSWs) are mandatory or discretionary on all of these orders except VAPOs. 10 5

8 Mandatory vs. Discretionary Relationship Type Spouse or former spouse/dp Parent of a common child Mandatory Surrender X X Discretionary Surrender Current or former cohabitant as part of dating relationship Current or former dating relationship Stepparent or stepchild Current or former cohabitant as roommate In-law Parent or child Blood relation other than parent or child X X X X X X X 11 How is enforcement measured? Respondent must: Immediately surrender ALL firearms (owned, possessed or has access to), deadly weapons (as designated in the OTSW) or Concealed Pistol Licenses (CPL) File proof with the court within 5 days: Declaration of Non-Surrender (DNS) OR Proof of Surrender (POS) and receipt In early 2016, King County Superior Court established a Compliance Review Calendar. All civil OTSWS are set on this calendar. 12 6

9 Declaration of Non-Surrender 13 When is a DNS appropriate? If respondent does not possess, own or have control over any firearms, dangerous weapons or a concealed pistol license When a DNS is not appropriate: If respondent has surrendered firearms at time of service or firearms were removed by law enforcement as a community caretaking function or as a result of an incident If respondent has purchase history If there is an active CPL in their name, even if they don t possess it If they have given or sold firearms to family members or friends at the time the order was entered (must follow I-594, RCW requirements to legally transfer) 14 7

10 Proof of Surrender 15 When is a Proof of Surrender appropriate? When the respondent possesses firearms, other dangerous weapons (named in the OTSW order and ordered to be surrendered (any and all firearms)) or there is a CPL in the respondent s name Any time a firearm has been surrendered or removed by law enforcement at time of service or as result of the incident When a firearm has been gifted to a family member (prior to the entry of the court order) When a firearm has been sold to a non-family member (prior to the entry of the court order) Respondent MUST not gift or sell firearms if the court order requires them to surrender them to law enforcement All sales must be compliant with RCW

11 Types of Enforcement of Compliance Civil remedies RCW 7.21 Court-initiated contempt Bench warrants for failure to appear Petitioner-initiated contempt Criminal remedies Criminal contempt Criminal prosecution (failure to comply, failure to appear, unlawful possession, unlawful transfer, attempted unlawful possession, false or misleading statement, perjury, failure to register firearm felon, etc.) The goal of creating a Culture of Compliance at every point in the court process is to limit the need to resort to criminal penalties in all but the most egregious cases of non-compliance ***This is a better use of limited court and CJ system dollars and promotes more just and equitable resolutions for the parties 17 Extreme Risk Protection Orders RCW 7.94 A civil court order that temporarily prevents individuals who are at a high risk of harming themselves or others from accessing firearms & concealed pistol license (CPL) 18 9

12 Background on ERPO Laws ERPOs were recommended based on national research regarding firearms risk Law enforcement and families needed tools to temporarily suspend firearms access for at risk individuals during periods of crisis Allows removal of firearms without having to arrest, seek civil commitment, or separate from family or home Allows removal of all firearms, not just if used in the threat Able to prevent harm, rather than wait until a crisis escalates to a tragedy Gives law enforcement options when there are signs of a potentially dangerous situation 19 Purpose of the ERPO An Extreme Risk Protection Order is a critical tool to help law enforcement and families keep guns out of the hands of someone experiencing a crisis: Mental health crisis OR Violent behavior 20 10

13 Red Flag Behaviors: Warning Signs Threats of violence towards others Threats of self harm Prior domestic violence incidents Abuse of drugs or alcohol Change in behavior (crisis calls or new disturbance calls) Prior protective orders issued Recently acquired firearms/ fixation with firearms 21 What does an ERPO do? Prohibits purchasing firearms/possession of firearms/cpl for up to 1 year (renewable). However, not a lifetime ban on firearm possession (temporary prohibition). Respondent has to immediately surrender firearms/cpl when served the court order Order gets entered into WASIC/ NCIC (state and federal databases) It DOES NOT prohibit contact or put any other personal restraints 22 11

14 Who May File for an ERPO Law Enforcement or Family or household member Persons related by blood, marriage or adoption to the respondent Dating partners of the respondent Child in common with the respondent Roommate within the last year Biological or legal parent child relationship (stepparents/ grandparents/ grandchildren Legal guardians 23 Respondent Video Increasing access to information helps to promote a culture of compliance AND procedural justice 24 12

15 Changes in WA law Continues in 2015, 2017 Sheena s Law: requires notification before firearms are returned. SHB 1501: Lie and Buy requires dealers to notify law enforcement when prohibited possessor attempts to purchase firearms. 25 Media Coverage of Unit s work ng order guns.html Dec. 19, 2017 Gun seizure team reducing the risks of school shootings July 20, it takes to getguns out of the wrong hands Jan 26, co task force takes away 134 guns from domestic violence suspects in just 3 months Jan 24, seattle kingcounty task force makes gun laws work/ March 4, orders geta closer look in fight against gun deaths Feb 27, place new county centerwill tackle abuse and guns/ Feb 23, rapid responseteam disarms accused abusers/ Feb 7,

16 Questions? 27 Thank you and contact info: Christopher Anderson: Sandra Shanahan: To reach the Unit as a whole: Seakingfirearms@Kingcounty.gov For ERPO specific cases: ERPO@Kingcounty.gov 28 14

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