Question Of Firearm Possession To To Be Added To NOPD Domestic Violence Police Reports

From the City of New Orleans:

February 19, 2021

The New Orleans Health Department’s Domestic Violence Program today announced its partnership with the New Orleans Police Department to add a fifth risk question on the Department’s electronic police report that directs patrol officers and asks all victims about the presence and possession of firearms at every domestic violence incident.

“The ability to add this risk question is a direct result of collaboration between advocates and criminal justice partners,” said Dr. Jennifer Avegno, Director of New Orleans Health Department. “Transferring firearms away from prohibited possessors is an important part of keeping families safe.”

While patrol officers generally ask questions about firearms, adding the fifth risk question means that information collected on the scene is communicated directly to judges at first appearances. Judges can then utilize this information to factor into their decision-making about an offender’s potential risk of reoffending when setting bond and may initiate the process of transferring firearms away from an offender who is subject to a protective order.

“The addition of the fifth risk assessment question regarding the presence of firearms during the initial stages of an investigation into alleged incidents of domestic violence provides an additional option to proactively address the potential escalation of violence by an accused perpetrator,” said NOPD Superintendent Shaun Ferguson. “If weapons can be removed, the potential for a fatal escalation is reduced, and lives can be saved.”

The City’s Health Department has been coordinating a Domestic Violence Firearms Task Force for criminal justice partners and stakeholders to collaborate on the implementation of state firearm transfer laws since 2018. Per Louisiana state law, anyone who is subject to a domestic violence protective order or has been convicted of a domestic violence misdemeanor is not allowed to possess firearms for the duration of the order or for 10 years after a conviction.

The issue of judicial noncompliance with Louisiana state law was first raised last summer by Court Watch NOLA, a 13-year-old New Orleans-based nonprofit organization that objectively monitors Orleans Parish Criminal Courts. When they realized the strategic importance of ensuring survivors’ input is provided to judges, Court Watch NOLA brought together a working group, including NOPD, the NOPD Consent Decree Monitor, the New Orleans Health Department, and the Family Justice Center, among others, to discuss the necessary changes to NOPD protocol.

“Court Watch NOLA is proud to partner with the New Orleans Health Department and the NOPD to ensure that domestic violence survivors are heard by the criminal courts,” said Simone Levine, Executive Director of Court Watch NOLA. “We will continue to track the Orleans Parish Magistrate Court's compliance with this law and any other law designed to ensure the safety of crime survivors. Hopefully, with added input from survivors, judges will be able to more comprehensively comply with the law.”

This press release was produced by the City of New Orleans. The views expressed are the author's own.