Support the South Carolina Bill that would bar abusers from owning guns

Support the South Carolina Bill that would bar abusers from owning guns

The Issue

 

It's time for South Carolina lawmakers to get serious about curbing domestic violence in South Carolina and stop abusers from owning guns, the Senate Judiciary chairman said Friday.

 

A weapons ban is a key provision of Larry Martin's bill that seeks to reduce the state's dismal death statistics. South Carolina has long ranked among the nation's worst in violence against women. Legislators have studied the issue for the past decade, as they repeatedly passed laws calling for further study. In August, the House created a new panel to come up with a proposal for 2015.

 

"We've studied this thing to death," said Martin, who led a joint House-Senate study panel. "We know what we need to do. We just won't do it."

 

Under Martin's proposal, an abuser could not possess a gun while under protective orders, and those convicted of domestic violence could not possess a gun for a decade after their sentence is served. Some first-time offenders could undergo counseling to avoid that penalty.

 

"It takes guns out of the hands of known violent offenders," said Martin, R-Pickens. "Anybody that would physically hurt their spouse or girlfriend or whoever, that's a very special category of violence. First, that is not acceptable, and it also indicates all kinds of things about that person's ability to control themselves and anger issues."

 

The ban is already federal law, which would require federal prosecution. State and local law enforcement can't enforce it without a corresponding state law.

 

"We believe this is taking a stand for the safety of victims ... and it's long overdue," said Sara Barber, executive director of the South Carolina Coalition Against Domestic Violence and Sexual Assault.

 

Martin expects opposition from gun rights enthusiasts. But he said abusers are cowards who shouldn't be able to hide behind the Second Amendment to further intimidate and abuse their family.

 

"I'm not about protecting cowards," Martin said. "We've got to come to terms in South Carolina to some of the root problems resulting in our high death rate for domestic violence. If your gun rights mean anything to you, don't beat your wife."

 

Five other senators so far have signed on as co-sponsors. Martin said the wording mimics a Louisiana law that GOP Gov. Bobby Jindal signed last May.

 

It does not ask law enforcement to confiscate weapons. Martin said that's impractical and potentially dangerous for officers. Instead, abusers who don't dispose of their weapons themselves could be charged with a felony punishable by at least a year in prison. Martin believes that threat will lead to compliance.

 

"I do believe it will make a difference and will begin to change the culture of how people view guns in connection to domestic violence," he said.

 

During a gubernatorial debate in October, Gov. Nikki Haley did not directly answer a question on whether the state should make it easier to keep guns out of the hands of domestic abusers, drawing criticism from her challengers. She called domestic violence a cultural and generational issue and said the best chance to combat it is through churches where victims feel safe.

 

The next day, her spokesman issued a statement saying Haley would "absolutely support" a state law that mirrors federal law to allow enforcement.

 

This week, she told reporters she's thrilled Martin introduced the bill and expects others.

 

"If they take guns away from offenders, we are fine with that," she said.

 

Attorney General Alan Wilson said Friday that he is still studying the gun provision and is "not going to endorse" anything specific. He later clarified he's willing to support the idea but not necessarily as currently written in the bill. He said he's concentrating on other aspects of the bill that strengthen penalties based on the harm committed and give prosecutors more sentencing options.

 

"Now, we punish people based on the number of times they come back, not with actual harm the first time," Wilson said after meeting with prosecutors, law enforcement and victim advocates on the bill. "Obviously, we want to protect would-be victims from those people who are inclined to kill them. We want to do it in a way that's measured and takes into account that some people don't need to have that right impeded."

 

Some cases represent an "isolated incident," he said.

 

Each October, the attorney general's office memorializes the known victims killed in domestic abuse. Of the 46 victims whose stories Wilson read in the 17th annual Silent Witness ceremony, 36 were shot to death.

 

His office has said more than 36,000 people annually report a domestic violence incident to law enforcement agencies around South Carolina.

 

This petition had 135 supporters

The Issue

 

It's time for South Carolina lawmakers to get serious about curbing domestic violence in South Carolina and stop abusers from owning guns, the Senate Judiciary chairman said Friday.

 

A weapons ban is a key provision of Larry Martin's bill that seeks to reduce the state's dismal death statistics. South Carolina has long ranked among the nation's worst in violence against women. Legislators have studied the issue for the past decade, as they repeatedly passed laws calling for further study. In August, the House created a new panel to come up with a proposal for 2015.

 

"We've studied this thing to death," said Martin, who led a joint House-Senate study panel. "We know what we need to do. We just won't do it."

 

Under Martin's proposal, an abuser could not possess a gun while under protective orders, and those convicted of domestic violence could not possess a gun for a decade after their sentence is served. Some first-time offenders could undergo counseling to avoid that penalty.

 

"It takes guns out of the hands of known violent offenders," said Martin, R-Pickens. "Anybody that would physically hurt their spouse or girlfriend or whoever, that's a very special category of violence. First, that is not acceptable, and it also indicates all kinds of things about that person's ability to control themselves and anger issues."

 

The ban is already federal law, which would require federal prosecution. State and local law enforcement can't enforce it without a corresponding state law.

 

"We believe this is taking a stand for the safety of victims ... and it's long overdue," said Sara Barber, executive director of the South Carolina Coalition Against Domestic Violence and Sexual Assault.

 

Martin expects opposition from gun rights enthusiasts. But he said abusers are cowards who shouldn't be able to hide behind the Second Amendment to further intimidate and abuse their family.

 

"I'm not about protecting cowards," Martin said. "We've got to come to terms in South Carolina to some of the root problems resulting in our high death rate for domestic violence. If your gun rights mean anything to you, don't beat your wife."

 

Five other senators so far have signed on as co-sponsors. Martin said the wording mimics a Louisiana law that GOP Gov. Bobby Jindal signed last May.

 

It does not ask law enforcement to confiscate weapons. Martin said that's impractical and potentially dangerous for officers. Instead, abusers who don't dispose of their weapons themselves could be charged with a felony punishable by at least a year in prison. Martin believes that threat will lead to compliance.

 

"I do believe it will make a difference and will begin to change the culture of how people view guns in connection to domestic violence," he said.

 

During a gubernatorial debate in October, Gov. Nikki Haley did not directly answer a question on whether the state should make it easier to keep guns out of the hands of domestic abusers, drawing criticism from her challengers. She called domestic violence a cultural and generational issue and said the best chance to combat it is through churches where victims feel safe.

 

The next day, her spokesman issued a statement saying Haley would "absolutely support" a state law that mirrors federal law to allow enforcement.

 

This week, she told reporters she's thrilled Martin introduced the bill and expects others.

 

"If they take guns away from offenders, we are fine with that," she said.

 

Attorney General Alan Wilson said Friday that he is still studying the gun provision and is "not going to endorse" anything specific. He later clarified he's willing to support the idea but not necessarily as currently written in the bill. He said he's concentrating on other aspects of the bill that strengthen penalties based on the harm committed and give prosecutors more sentencing options.

 

"Now, we punish people based on the number of times they come back, not with actual harm the first time," Wilson said after meeting with prosecutors, law enforcement and victim advocates on the bill. "Obviously, we want to protect would-be victims from those people who are inclined to kill them. We want to do it in a way that's measured and takes into account that some people don't need to have that right impeded."

 

Some cases represent an "isolated incident," he said.

 

Each October, the attorney general's office memorializes the known victims killed in domestic abuse. Of the 46 victims whose stories Wilson read in the 17th annual Silent Witness ceremony, 36 were shot to death.

 

His office has said more than 36,000 people annually report a domestic violence incident to law enforcement agencies around South Carolina.

 

The Decision Makers

Larry Martin
Former State Senate - South Carolina-2
& The South Carolina Senate Judiciary Committee
& The South Carolina Senate Judiciary Committee

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