New gun removal laws in New York to protect victims of domestic violence – NEWS10 ABC

New York State Legislative Report: Enhancing Domestic Violence Protections in Alignment with Sustainable Development Goals

In October, New York State enacted two legislative acts designed to enhance safety for victims of domestic violence. These laws introduce new procedures for firearm removal, directly supporting the United Nations Sustainable Development Goals (SDGs), particularly SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions).

Legislative Act S1985A/A544: Mandatory Firearm Removal in Domestic Violence Incidents

This legislation amends the Safe Homes Act of 2020 by mandating the temporary removal of firearms by law enforcement at the scene of a domestic violence incident. This proactive measure is a critical step toward achieving SDG 16.1 (Significantly reduce all forms of violence and related death rates) and SDG 5.2 (Eliminate all forms of violence against all women and girls).

Key Provisions and Procedural Changes

• Police officers are now required, rather than permitted, to temporarily seize weapons from a person arrested for or suspected of committing a family offense.
• The scope of seizable weapons includes firearms, rifles, shotguns, electronic dart guns, electronic stun guns, and disguised guns.
• The holding period for seized weapons before a court can order their return has been extended from 48 hours to five days, providing a crucial window for victims to secure legal protections, thereby ensuring greater access to justice as outlined in SDG 16.3.

Conditions for Mandatory Seizure

1. The victim provides an affirmative response to threat or lethality assessment questions on the standardized Domestic Incident Report (DIR).
2. The responding officer forms a reasonable belief that weapon removal is necessary to protect the victim or others present and prevent further violence.

Legislative Act S5514/A6556: Integrating Animal Cruelty into Risk Protection Orders

This act formally recognizes the established link between animal cruelty and interpersonal violence. It expands the criteria for issuing a Temporary Extreme Risk Protection Order (TERPO) to include acts of animal abuse. This aligns with SDG 16.2 (End abuse…and all forms of violence against…children), as research shows a high correlation between animal cruelty and child abuse, and supports the principles of SDG 15 (Life on Land) by acknowledging violence against animals as a serious offense.

Expansion of TERPO Criteria

• Courts can now consider acts of aggravated cruelty to animals committed within the previous six months when determining if an individual poses a danger to themselves or others.
• The legislation acknowledges that abusers often harm or threaten pets to control and intimidate human victims, creating a barrier to safety that undermines SDG 5.
• Supporting data from the National Sheriffs’ Association indicates that 88% of families investigated for physical child abuse also reported instances of animal cruelty, reinforcing the law’s importance for holistic community safety.

Alignment with United Nations Sustainable Development Goals (SDGs)

These legislative actions represent a significant advancement in New York’s commitment to creating safer communities and upholding human rights, reflecting a direct implementation of several SDGs.

• SDG 5 (Gender Equality): The laws provide enhanced, tangible protections for victims of domestic violence, who are disproportionately women, directly addressing the goal of eliminating violence against women.
• SDG 16 (Peace, Justice and Strong Institutions): By strengthening legal frameworks and institutional procedures to remove firearms from volatile situations, the legislation directly contributes to reducing violence and promoting the rule of law.
• SDG 3 (Good Health and Well-being): Reducing the imminent threat of gun violence in domestic disputes promotes the physical safety and mental well-being of victims, families, and the wider community.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 5: Gender Equality
   • The article focuses on new laws designed to protect victims of domestic violence. While not exclusively affecting women, domestic violence disproportionately impacts women and girls, making laws that enhance their safety directly relevant to achieving gender equality and eliminating violence against women.
2. SDG 16: Peace, Justice and Strong Institutions
   • This is a primary focus of the article. The new legislation (S1985A/A544 and S5514/A6556) represents a strengthening of legal institutions to reduce violence and provide justice. The laws create new procedures for law enforcement and courts to remove firearms from dangerous situations, directly contributing to peaceful and just societies.
3. SDG 3: Good Health and Well-being
   • By aiming to prevent “fatal domestic violence shootings” and removing firearms from volatile situations, the laws directly address the prevention of premature deaths and injuries, which is a core component of ensuring healthy lives and promoting well-being for all. The article notes that the laws give survivors the “safety they need to plan their next steps,” which supports their mental and physical well-being.
4. SDG 15: Life on Land
   • The article discusses law S5514/A6556, which “formally connects violence against animals with violence against people.” By expanding Temporary Extreme Risk Protection Orders (TERPOs) to include “acts of aggravated cruelty to animals,” the legislation recognizes the importance of protecting animals from abuse and acknowledges that such cruelty is often a precursor to violence against humans.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres.
   • The laws discussed are specifically designed to “make domestic violence victims safer.” The legislation mandates the removal of weapons from individuals suspected of committing a family offense, directly targeting the means of violence in domestic settings to protect victims.
2. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • The article states that the laws were introduced after “a series of fatal domestic violence shootings” and that the goal is to “keep communities safe and save lives.” The mandatory seizure of firearms in domestic violence incidents is a direct measure aimed at reducing gun violence and associated deaths.
3. Target 16.2: End abuse, exploitation, trafficking and all forms of violence against and torture of children.
   • The article mentions a child in Somers as one of the victims of a fatal domestic violence shooting. Furthermore, it cites a report from the National Sheriffs’ Association that “88% of families investigated for physical child abuse also reported instances of animal cruelty,” linking the new animal cruelty law directly to the protection of children.
4. Target 15.7: Take urgent action to end poaching and trafficking of protected species of flora and fauna.
   • While this target focuses on poaching and trafficking, its broader principle of protecting animal life is relevant. The article’s discussion of law S5514/A6556, which addresses “aggravated cruelty to animals,” aligns with the goal of protecting animals from harm and abuse. The law treats animal cruelty as a serious indicator of future violence, thereby elevating the importance of preventing it.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Reduction in domestic violence fatalities and injuries involving firearms.
   • The article’s motivation for the new laws is to prevent “fatal domestic violence shootings” and “save lives.” An implied indicator of success would be a measurable decrease in the number of people killed or injured by firearms in domestic violence incidents in New York.
2. Number of weapons seized under the new legislation.
   • The law S1985A/A544 “requires police officers to take weapons when responding to domestic or family violence calls.” Tracking the number of firearms and other weapons seized under this mandate would be a direct indicator of the law’s implementation and its immediate impact on removing threats from dangerous situations.
3. Number of Temporary Extreme Risk Protection Orders (TERPOs) issued citing animal cruelty.
   • The law S5514/A6556 expands TERPOs to “cover acts of aggravated cruelty to animals.” An indicator of this law’s effectiveness would be the number of TERPOs granted by courts where animal abuse was a contributing factor in the decision to temporarily remove firearms.
4. Prevalence of co-occurring animal cruelty and child abuse.
   • The article explicitly mentions the statistic that “88% of families investigated for physical child abuse also reported instances of animal cruelty.” This statistic itself serves as a baseline indicator. Progress could be measured by tracking this correlation over time and using interventions related to animal cruelty to proactively identify and prevent child abuse.

4. Table of SDGs, Targets, and Indicators

Source: news10.com