February 18, 2016 Blog

We’re Going Back to the Ballot with Extreme Risk Protection Orders

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(Seattle, WA) – Today, law enforcement professionals, gun violence survivors, and family members of victims announced the launch of a statewide initiative campaign for Extreme Risk Protection Orders to a packed crowd of supporters and partners from the law enforcement, public health, faith, and domestic violence prevention. The campaign, led by the Alliance for Gun Responsibility, will put Extreme Risk Protection Orders on the 2016 general election ballot. Extreme Risk Protection Orders allow families and law enforcement to petition a court to temporarily suspend a person’s access to firearms if there is documented evidence that an individual is threatening harm to themselves or others.

“Policing goes well beyond law enforcement. In fact, we prefer prevention and intervention, with enforcement as a last resort. We need to harness community resources to help us,” said Seattle Police Department Chief Kathleen O’Toole, who was joined onstage by several officers from the local police departments.

“My son James should never have been able to buy a gun. I knew James better than anyone. I should have had been able to keep him from getting a gun in his condition,” said initiative citizen sponsor Marilyn Balcerak. “If Extreme Risk Protection Orders had been law one year ago, I believe Brianna and James would be alive, and I would have more time to get my son the help he needed.”

In June of 2015, Ms. Balcerak’s son James, who struggled with depression, substance abuse, and autism took his own life and that of his step-sister, 21 year-old daughter Brianna Smith.

“I believe that Extreme Risk Protection Orders will give families like Marilyn’s and so many others, the tools to prevent tragedies before they happen,” said Renée Hopkins, Executive Director of the Alliance for Gun Responsibility, in announcing the initiative. “Survivors and family members of those killed in mass shootings at the Jewish Federation of Greater Seattle in 2006, Seattle’s Cafe Racer in 2012, University of California Santa-Barbara in 2014, and others have all said that they believe this type of law could have prevented these tragedies.The majority of mass shooters in the last 20 years demonstrated signs of serious crisis prior to their actions. And eighty percent of those attempting suicide make their intentions known prior to an attempt.”

Extreme Risk Protection Orders will allow families and law enforcement to petition a court to temporarily suspend a person’s access to firearms if there is documented evidence that an individual is threatening harm to themselves or others. This would allow for removal of firearms from an individual in crisis because of dangerous mental illness or at high risk of violent behavior.

Extreme Risk Protection Orders are modeled on our well-established systems of Domestic Violence and Sexual Assault Protection Orders with careful protections for due process and standards for evidence. After a family member files a petition, the court holds a hearing to determine whether the person poses a serious threat of violence to themselves or others. The judge can issue an order restricting access to firearms for up to one year and can also refer the person in crisis for mental health or chemical dependency evaluation to ensure they get the help they need. Once a petition is filed, the court notifies the subject and a hearing is held. If the judge determines that the subject of the order is a threat to themselves or others by preponderance of the evidence, an order will go into effect for one year. Orders may be renewed annually if warranted by circumstances. The subject may request one hearing per year to rescind the order. Violation of the order carries a criminal penalty.

Under this law, anyone seeking an Extreme Risk risk protection order will be required to present sworn evidence in a court of law. Those found to have knowingly filed a false petition will be subject to criminal penalties.

About the Alliance for Gun Responsibility

The Alliance for Gun Responsibility works to end the gun violence crisis in our community and to promote a culture of gun ownership that balances rights with responsibilities. Through collaboration with experts, civic leaders, and citizens, we work to find evidenced-based solutions to the crisis of gun violence in our community. We create innovative policy, advocate for changes in laws, and promote community education to reduce gun violence. Learn more atwww.gunresponsibility.org and follow us at @WAGunResponsib.