STATEMENT: Giffords Applauds Maryland for Recent Passage of Gun Safety Legislation

April 10, 2018

Legislation Would Help Remove Guns from Dangerous Situations and Prohibit the Purchase and Possession of Bump Stocks and Similar Devices

April 10, 2018 Giffords applauded the Maryland Legislature for passing legislation that would establish a Lethal Violence Protection Order, remove firearms from domestic abusers, and ban bump stocks. Lethal Violence Protection Orders (LVPO) temporarily prohibit an individual who is a danger to themselves or others from possessing a firearm.

“States are taking action to reduce gun violence,” said Lindsay Nichols, Federal Policy Director at Giffords Law Center. “A Lethal Violence Protection Order allows police officers and families to help prevent individuals experiencing a crisis from accessing a gun. Maryland now has an opportunity to join a growing list of states like Oregon and California that have passed this effective measure. Research on an ERPO-style law in Connecticut found that a similar law saved one life for every 10-20 risk warrants issued. Bump stocks, like the one used in the Las Vegas tragedy, have no place in the hands of civilians, and no firearms belong in the hands of convicted domestic abusers. We applaud Maryland lawmakers for leading on these critical bills that will save lives from gun violence.”

Maryland joins other states that have introduced these types of bills backed by Giffords. New Jersey, New York, Vermont, Massachusetts, and Delaware are among the states currently considering LVPO-style bills. Last year, Oregon’s Governor signed Senate Bill 719 into law, creating a process for obtaining an Extreme Risk Protective Order.

In October 2017, a gunman in Las Vegas used multiple bump stock devices to convert semi-automatic rifles into weapons that fired 9 shots per second. It was the deadliest mass shooting attack in modern American history. More than a dozen states across the country have begun to take action to pass these dangerous devices. That includes Massachusetts and New Jersey where bills were signed into law by Republican officials with backing from Giffords, and Florida, where a ban on bump stocks was enacted as part of a bipartisan omnibus bill following the Parkland Shooting.

About the Lethal Violence Protection Order

The Lethal Violence Protection Order (LVPO) 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 family and household members 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, such as family and household members or law enforcement officers, 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 an 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. In the first 14 years of the implementation of Connecticut’s law, it is estimated that between 38-76 lives were saved as a result of risk-warrants. 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.

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Giffords is a nonprofit organization dedicated to saving lives from gun violence. Led by former Congresswoman Gabrielle Giffords and her husband, Navy combat veteran and retired NASA astronaut Captain Mark Kelly, Giffords inspires the courage of people from all walks of life to make America safer.