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In Some States, Gun Rights Trump Orders of Protection

Early last year, after a series of frightening encounters with her former husband, Stephanie Holten went to court in Spokane, Wash., to obtain a temporary order for protection. Her former husband, Corey Holten, threatened to put a gun in her mouth and pull the trigger, she wrote in her petition. He also said he would “put a cap” in her if her new boyfriend “gets near my kids.” In neat block letters she wrote, “ He owns guns, I am scared.” The judge’s order prohibited Mr. Holten from going within two blocks of his former wife’s home and imposed a number of other restrictions. What it did not require him to do was surrender his guns. About 12 hours after he was served with the order, Mr. Holten was lying in wait when his former wife returned home from a date with their two children in tow. Armed with a small semiautomatic rifle bought several months before, he stepped out of his car and thrust the muzzle into her chest. He directed her inside the house, yelling that he was going to kill her. “I remember thinking, ‘Cops, I need the cops,’ ” she later wrote in a statement to the police. “He’s going to kill me in my own house. I’m going to die!” Ms. Holten, however, managed to dial 911 on her cellphone and slip it under a blanket on the couch. The dispatcher heard Ms. Holten begging for her life and quickly directed officers to the scene. As they mounted the stairs with their guns drawn, Mr. Holten surrendered. They found Ms. Holten cowering, hysterical, on the floor. For all its rage and terror, the episode might well have been prevented. Had Mr. Holten lived in one of a handful of states, the protection order would have forced him to relinquish his firearms. But that is not the case in Washington and most of the country, in large part because of the influence of the National Rifle Association and its allies. Advocates for domestic violence victims have long called for stricter laws governing firearms and protective orders. Their argument is rooted in a grim statistic: when women die at the hand of an intimate partner, that hand is more often than not holding a gun. In these most volatile of human dramas, they contend, the right to bear arms must give ground to the need to protect a woman’s life. In statehouses across the country, though, the N.R.A. and other gun-rights groups have beaten back legislation mandating the surrender of firearms in domestic violence situations. They argue that gun ownership, as a fundamental constitutional right, should not be stripped away for anything less serious than a felony conviction — and certainly not, as an N.R.A. lobbyist in Washington State put it to legislators, for the “mere issuance of court orders.” That resistance is being tested anew in the wake of the massacre in Newtown, Conn., as proposals on the mandatory surrender of firearms are included in gun control legislation being debated in several states. Among them is Washington, where current law gives judges issuing civil protection orders the discretion to require the surrender of firearms if, for example, they find a “serious and imminent threat” to public health. But records and interviews show that they rarely do so, making the state a useful laboratory for examining the consequences, as well as the politics, of this standoff over the limits of Second Amendment rights. By analyzing a number of Washington databases, The New York Times identified scores of gun-related crimes committed by people subject to recently issued civil protection orders, including murder, attempted murder and kidnapping. In at least five instances over the last decade, women were shot to death less than a month after obtaining protection orders. In at least a half-dozen other killings, the victim was not the person being protected but someone else. There were dozens of gun-related assaults like the one Ms. Holten endured.

http%3A//www.nytimes.com/2013/03/18/us/facing-protective-orders-and-allowed-to-keep-guns.html%3Fnl%3Dtodaysheadlines%26emc%3Dedit_th_20130318%26_r%3D1%26


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