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Legislation Mends Orders Of Protection Holes

Gun Legislation En Route To Governor

POSTED: 4:36 pm CDT May 21, 2009
UPDATED: 7:06 pm CDT May 21, 2009

Lawmakers in both the House and Senate looked at the problems the Channel 4 I-Team exposed in the domestic violence system and tried to mend them. They hope to curb Tennessee's reputation as a place where too many women are killed by guns.

Shellie Hernandez became a poster child for how a system designed to protect domestic violence victims was failing.

According to police and court records, 26 days before police said Hernandez was shot and killed by her boyfriend, Michael Williams, he was served with an order of protection to stay away from her and turn over all of his guns.

Court documents show Williams violated that order of protection the next day by repeatedly calling Hernandez. Hernandez's mother, Kathy Allright, said the parole officer never noted the violation, so Williams was released. She also said the parole officer has since been fired.

As the I-Team exposed, there was no system in the state to take away guns from people like Williams, nor was there a penalty for failing to turn over weapons.

"The system definitely failed us," said Allright.

Lawmakers sent a bill to the governor, hoping to close holes exposed by the I-Team.

"I'm grateful to the news media brought this to the attention of a lot of folks who really didn't realize we didn't have the means to take the guns out of the possession from people who had orders of protection against them," said Rep. Beth Harwell.

The legislation not only makes it a Class A misdemeanor for someone served with an order to possess a gun but also states that person has 48 hours to turn over the gun after the order is handed down.

Additionally, it makes the person served with an order turn over an affidavit of firearms he or she has handed over.

"This is a great step forward for Tennessee to get guns away from people who legally should not have guns," said Kathy Walsh of the Tennessee Coalition Against Domestic Violence.

The legislation also holds responsible the parties who are given the guns from the person served with the order.

"If someone's under an order of protection and you possess the gun for them, keep it from them, it's federal law. You violate a federal law if you give it back to them," said Harwell.

If this bill had been law at the time of Hernandez's murder, domestic violence advocates said Williams would have had to turn over his weapon to a specific person by a specific time or face a criminal offense.

"Unfortunately, Tennessee, for many years, has been in the top 10 states for the number of women who were murdered by their male partners with guns," said Walsh.

Once an order has expired, the guns are to be given back.

Originally, lawmakers wanted the guns to be turned over to police. But because police worried they didn't have the time or money to collect guns, the lawmakers decided that a third, independent party authorized to possess a gun can be given the weapon or those served with orders can sell the gun or put it in a lock box the person served with the order doesn't have access to until the order is done.

This law applies only to qualifying orders of protection, meaning that the gun should be turned over because a judge feels a woman faces a serious threat.


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