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Article published Apr 11, 2004
House legislation would give judges discretionary power pertaining to
firearms
The S.C. House Judiciary Committee took a step
forward last week toward protecting the victims of domestic violence.The
committee approved a bill that would give judges discretionary power, on a
case-by-case basis, to seize guns from people who are subject to a restraining
order. It would pertain to Family Court judges who issue protective orders,
magistrates who issue restraining orders or any other judge setting a bond.The
intent is clear: remove a deadly weapon from a volatile situation. And it's a
worthy measure deserving of the House's consideration, particularly in light of
the fact that South Carolina leads the nation in the rate of women killed by
men.Domestic violence is far too common in the Palmetto State, and it's often
marked by irrational, impulsive and violent behavior. Under such circumstances,
the absence of instant access to a firearm may mean the difference between life
and death.Rep. Joel Lourie, D-Columbia, is the sponsor of the bill and has
pushed for six years to get legislation of this nature on the House floor. He
has called the measure "a significant tool" in the battle against domestic
violence and claims that states adopting such measures have seen a 10 percent to
12 percent drop in domestic homicides against women.This bill shouldn't be seen
as a gun control or Second Amendment issue. A judge's decision to remove guns
from a situation would be temporary and designed only to make a potentially
dangerous situation more safe.Federal law already dictates that an abuser
convicted of any felony or a misdemeanor crime of domestic violence may not own
or possess a gun. But South Carolina has no specific law in this regard. Nancy
Barton, executive director for Sistercare women's shelters, told The Associated
Press that, in the absence of a state law, the federal law regarding gun
possession by abusers often is not enforced.But the history of domestic violence
shows that it is wrong to wait until some-one is hurt to defuse the situation.
It's worthwhile to take firearms out of a potentially violent situation before
the violence occurs.The Legislature can do this by giving judges discretionary
power regarding those bound by restraining orders.