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Lawmakers Hold Safety Dept. Accountable

State Fails To Strip Guns From Domestic Violence Offenders

POSTED: 4:26 pm CST March 4, 2009
UPDATED: 7:16 pm CST March 4, 2009

Frustrated lawmakers are holding the Department of Safety accountable following a recent Channel 4 I-Team investigation.

The story revealed that more than 150 people across the state who were served with orders of protection were later allowed to keep carry permits for their handguns.

Even though Channel 4's investigation prompted serious reform, lawmakers still are not satisfied. After a hearing Wednesday, it is clear that there are still problems that could expose domestic violence victims to gun violence.

The department's top officer said he is worried about the situation as well.

"It concerns us, too. That's the reason we were grateful that we were contacted by a local media when they did a review of some issues with the orders of protection," said Tennessee Highway Patrol Col. Mike Walker.

The Channel 4 investigation revealed a major communication breakdown that showed the state wasn't finding out about orders of protection, which caused them not to strip gun holders of their handgun carry permits.

"That's troubling. We've had instances here in Nashville where acts of domestic violence (are) repeated over and over again," said Rep. Gary Odom.

Channel 4's investigation prompted suspensions of all of the permits in question and prompted the Tennessee Bureau of Investigation to begin constantly updating the state on orders of protection.

But the commissioner of the department said there are still problems.

"We still have some communication issues with the courts of the respective counties, but we've done a much better job," said the Department of Safety Commissioner Dave Mitchell.

Also, the Channel 4 investigation found that there is no process in place to take guns away from people served with orders of protection, even if a judge orders it.

"You're unaware of who actually takes the gun?" asked Rep. Thelma Harper at Wednesday's hearing.

"No, that's not a part of the handgun carry permit in any form or fashion," said Walker.

"Is there something we can do to change that?" asked Harper.

"Maybe put an increased penalty on those people for failing to turn the weapon in when an order of protection is issued," said Walker.

Mitchell said some courts still are not sending orders of protection to the TBI in a timely manner, which prevents the state from suspending the permits.

Walker said Wednesday he would like to see a uniform database created for all these agencies to share information immediately about orders of protection.

Walker also said the state's judiciary branch may need to examine what can be done to create a process of stripping people of their handgun carry permits if they are served with an order of protection.


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