Legislation Creates Lethal Violence Protection Order to Temporarily Remove Firearms From Individuals Who Pose a Danger to Themselves or Others
June 19, 2018 —Giffords, the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, applauded the passage of HS 1 for HB 222, a bill that would establish a process for obtaining a Lethal Violence Protection Order (LVPO) that temporarily prohibits an individual who is a danger to themselves or others from possessing a firearm.
“Delaware recognizes the importance of passing legislation that effectively protects families from loved ones in a crisis who may get their hands on a gun,” said Nico Bocour, State Legislative Director of Giffords. “By establishing a Lethal Violence Protection Order, law enforcement officers and family members are given a critical tool to better prevent an emergency from turning deadly. We applaud Senators Margaret Rose Henry and Bryan Townsend, as well as Representative David Bentz, for their leadership on pushing this legislation. Thanks to the entire Delaware Senate for having the courage to pass the bill, and we look forward to seeing Governor Carney sign this critical measure into law.”
With the governor’s signature, Delaware will join other states that have passed these types of bills backed by Giffords, and become the sixth state to pass the legislation since the horrific shooting in Parkland, Florida.
About the Lethal Violence Protective Order
The Lethal Violence Protective Order (LVPO), sometimes referred to as an Extreme Risk Protection Order (ERPO), is a civil court order issued by a judge upon consideration of evidence provided by a family member or law enforcement officer that temporarily prohibits a person in crisis from possessing or purchasing firearms or ammunition. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.
- An LVPO creates a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. This law can save lives while ensuring critical legal protections for respondents, just as it has in states that have already taken this responsible step.
- The LVPO is based on the long-standing domestic violence protection orders (in place in all 50 states) and involves both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition the civil court in their jurisdiction for an LVPO based on evidence they present through a written application and at a hearing before a judge.
- The LVPO gives individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues a LVPO, respondents would still be able to petition once for termination of the order and be eligible to have their firearms and ammunition returned upon expiration of the order.
- States with LVPO laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have similar versions that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. These laws are effective. For instance, researchers have estimated that by temporarily removing weapons from 762 at-risk individuals, Connecticut’s law had averted up to 100 fatalities from suicide alone. In addition, nearly one third of respondents received critical mental health and substance abuse treatment as a result of the intervention.
- The LVPO is a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that the LVPO, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.