types

TYPES OF RAPE
Guns and Domestic Violence

COALITION for Gun Control - Guns and Domestic Violence COALITION for Gun Control/pour le contrôle des armes, Canada

a.. Overview b.. How the New Law Can Help c.. It Is Far From Over d.. Firearms and Domestic Violence: Toward a National Prevention Strategy

Gun control is a small but important part of addressing the problem of violence against women: Despite the emphasis on illegal handguns and "the criminal element," we know that legally acquired rifles and shotguns are the weapons of choice in cases of domestic homicide. On average, 40% of women killed by their husbands are shot; most (80%) of them with legally owned rifles and shotguns. Most cases of domestic violence are unreported. On average, a woman is assaulted thirty times before a formal complaint is filed. Firearms increase the chance of assault escalating into murder. Guns are frequently part of the cycle of intimidation and violence that many victims face in their homes, for every woman who loses her life to the hand of a troubled spouse with a firearm, there are thousands more who are threatened or live in fear. Although opposition to firearm control tends to be most vocal where there are more guns, it is in these areas (rural Canada and the west) that firearms figure most prominently in violence. A substantial proportion of men who kill their partners either have criminal records or a history of psychiatric treatment and in a substantial number of these homicides, other people (police, family members, social workers, clergy, etc.) know about threats and violence by these men against their partners. There is a gender dimension to this issue - 86% of gun owners are men but more than 30% of gun victims are women. Studies show that efforts aimed specifically at arming women in the U.S. have not made them safer. Dr. James Scott of George Washington University Hospital reported that more of the guns bought by women for their protection are being turned against them. For every woman who buys a gun to fend off attacks in self-defense, 239 more women are murdered with such weapons, many with their own. Women across Canada support the new legislation: support for registration is 89% among women and 82% overall; support for Canada's firearms law is 85% among women and 78% overall. A resolution from the United Nations Crime Prevention and Criminal Justice Commission explicitly recognized the problem of guns in domestic violence. At a recent meeting of the commission in Vienna, the International Alliance of Women confirmed that the use of firearms in violence against women is a global problem.

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How the New Law Can Help

Licensing of gun owners and registration of firearms, coupled with appropriate training and implementation of the new law are essential to removing firearms from situations where women are at risk. Licensing of gun owners is essential to keeping guns away from potentially abusive spouses or individuals with a history of violence. Extensive background checks are conducted on every person who applies for a licence, renewable every 5 years. Previously, because a Firearms Acquisition Certificate (FAC) was needed only to acquire guns and not to possess them, two thirds of gun owners did not have a valid permit. Under the new law, a license will be required to possess guns and reports of domestic violence and other offences will automatically trigger a review of a gun owner's license. According to the law and its regulations, current and previous spouses will be notified of an individual's intention to acquire a firearm license. Licensing of gun owners and registration of guns is also critical to removing firearms from potentially violent domestic situations. Licensing and registration are essential to enforcing the 17,500 prohibition orders issued in a typical year. There are currently 70,000 on the books in Canada. As the Arlene May inquest showed, the previous system did not provide easy access to information about who owns guns. The inquest also reaffirmed the importance of firearm controls in preventing violence against women. The Coroner's Inquest into the Vernon Massacre in 1997 also confirmed the importance of licensing and registration as preventative measures. Mark Chahal killed his estranged wife, eight people in her family, and then himself with his legally acquired gun. The coroner's report recommended that: "... Long arms become restricted weapons and become registered..." and that the "CPIC provide a data base for firearms registrations, peace bonds, restraining orders and domestic violence files; or create some other Canada-wide registry." BC's Chief Coroner also called for notification of spouses and ex-spouses before firearm permits are approved - Bill C-68 makes provisions for this. Since Dec. 1, 1998, the new spousal notification line has received over 17,100 calls. This has proven to be an excellent tool for an applicant's spouse (or others) to share concerns about public safety. Across Canada, 2,111 firearms licences have been refused or revoked since the new law came into effect December 1, 1998. This is over 20 times more revocations from potentially dangerous individuals than the total for the past five years. To date, more than 1,109,080 firearms owners have applied for a licence. The deadline is January 1st 2001. Gun control is not gun abolition and there is nothing in the new law that prevents pursuit of legitimate firearms use.

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It Is Far From Over

On June 15, 2000, the Supreme Court of Canada upheld the constitutionality of the Firearms Act in a unanimous 9-0 decision. In addition, it reinforced the link between the Firearms Act and the preventative power afforded the Federal Government under the Criminal Code: "The registration provisions cannot be severed from the rest of the Act. The licensing provisions require everyone who possesses a gun to be licensed; the registration provisions require all guns to be registered. These portions of the Firearms Act are both tightly linked to Parliament's goal of promoting safety by reducing the misuse of any and all firearms. Both portions are integral and necessary to the operation of the scheme." The constitutional challenge to Canada's Firearms Act was initiated in 1996 by the Alberta government, joined by the provinces of Saskatchewan, Manitoba, Ontario, New Brunswick, Nova Scotia, the territories and a number of gun lobby groups. After losing in the Alberta Court of Appeal, they appealed to the Supreme Court of Canada. A wide range of groups intervened to support the law including: the Coalition for Gun Control, the Canadian Association of Chiefs of Police, the cities of Montreal, Toronto, and Winnipeg, the Canadian Paediatric Society, Canadian Association for Adolescent Health, Alberta Council of Women's Shelters, CAVEAT, Fondation des victimes du 6 décembre and the Quebec Public Health Association. The intervention was also supported by the mayors of Quebec City, Ottawa and Vancouver, the Manitoba Action Committee on the Status of Women, the Nova Scotia Advisory Council on the Status of Women and the United Church of Canada's Alberta and Northwest Conference, Division of Church in Society. While the Supreme Court decision marks an important victory for Canadians, there is still a great deal of work to be done. Opposition and attacks from the gun lobby and several provinces continue in direct opposition to the law. Currently, over 50 women's organizations have endorsed the Coalition for Gun Control and nearly 100 others have expressed their support for the legislation.

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Firearms and Domestic Violence: Toward a National Prevention Strategy (1997)

The Coalition has made a series of recommendations regarding the implementation of the existing law and changes to the regulations associated with the new law. These include: a.. a "when in doubt say no" approach to issuing licenses for firearms; a.. routine notification of the current and former spouses of applications for firearms acquisition certificates and permit. This can be done under the powers of the existing law and has been formalized in the new regulations; a.. if a former spouse may not be located, police must conduct a thorough community check. The privacy and safety of those participating in the investigation must be assured; a.. recognition that most victims of domestic violence are assaulted 30 times before a formal complaint is filed. Despite that fact, studies show that the problem is often known. A variety of sources must be tapped in order to assess the suitability of applicants. The investigations and interviews must be conducted by those who understand the dynamics of domestic violence; a.. extending the investigation beyond local databases is critical. Applicants are obliged to provide information on previous residences over the past five years and police must follow up with those jurisdictions. Previously, police databases were fragmented and the Canadian Police Information Computer (CPIC) included only a small fraction of the information which is relevant to the issuing of permits. Every effort must be made to improve access to information and sharing; a.. standard practices regarding all domestic violence occurrences must include inquires about the presence of firearms and immediate application of measures to remove them where a risk is perceived. Offenders should be flagged and serious consideration should be given to revoking permits and obtaining prohibition orders where there is a threat to safety; a.. comprehensive education for police, crowns and all participants in the justice systems is still urgently needed regarding domestic violence. Experts in domestic violence and those with first hand experience with the problem must be included in efforts to develop and implement these strategies. There is a need to improve understanding of the risks associated with firearms. Prevailing emphasis on "the criminal element" and illegal guns are irrelevant in the context of domestic violence. All parties must understand the frequency with which firearms are part of the cycle of domestic violence, especially in rural areas. They must know and apply all measures at their disposal to reduce these risks; a.. more research and better tracking of performance is essential to ensuring accountability.

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