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A resolution requesting the Metropolitan Nashville Police Department or the Davidson County District Attorney’s Office employ a domestic violence dispossession investigator.
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WHEREAS, the United States is the most dangerous country in the developed world for women. More than three in 10 women murdered with guns in the United States are killed by an intimate partner; and
WHEREAS, according to Everytown, 39 women are fatally shot by an intimate partner in Tennessee each year. 74% of female intimate partner homicide victims are killed with a gun each year on average; and
WHEREAS, in 2024, the Metropolitan Nashville-Davidson County Office of Family Safety reviewed 13,818 criminal defendants and persons subject to orders of protection and found that 6,090 (44%) had access to guns; and
WHEREAS, in 2024, the Metropolitan Nashville-Davidson County Office of Family Safety identified 212 cases with incomplete Firearms Dispossession forms; in 90 cases in which forms had been returned, there were concerns about continued gun possession; and
WHEREAS, federal law prohibits felons, those convicted of misdemeanor domestic violence, and individuals subject to domestic violence restraining orders from possessing guns; and
WHEREAS, Tennessee law prohibits persons convicted of misdemeanor crimes of domestic violence from possessing guns; and
WHEREAS, Tennessee law requires persons subject to orders of protection to dispossess themselves of any guns they own within 48 hours of the order going into effect and submit an affidavit of dispossession form to the court stating they have dispossessed themselves of firearms, including by transferring their guns to a third party, for the duration of the order of protection; and
WHEREAS, however, the Firearms Declaration form does not require the respondent to identify the third party holding their guns, or their contact information. The Scott County, Tennessee, domestic violence court updated the Firearms Declaration form in 2020 and now requires persons subject to orders of protection to identify the third party and provide their contact information; and
WHEREAS, the law that mandates gun dispossession for persons subject to orders of protection went into effect in 2009, but the criminal justice system has struggled to enforce it without effective statutory guidelines from the state; and
WHEREAS, the Tennessee Bureau of Investigation is required to alert the relevant local law enforcement agency when a person subject to an order of protection attempts to purchase a firearm and fails the background check; and
WHEREAS, law enforcement and prosecutors are responsible for ensuring the safety of Davidson County residents, which includes removing guns from perpetrators of abuse who are prohibited from possessing them and preventing perpetrators from purchasing new guns; and
WHEREAS, in October of 2024, the Public Health and Safety Committee of the Metropolitan Council convened a series of meetings seeking information on how the criminal justice system in Davidson County can better respond to domestic violence cases; and
WHEREAS, one recommendation that came from this work was the creation of a dedicated position that focuses on ensuring domestic violence perpetrators are complying with state law; and
WHEREAS, working with the Metropolitan Nashville Police Department, the District Attorney's Office, the courts, and the Office of Family Safety, a dedicated domestic violence dispossession investigator could:
○ Identify and investigate prohibited persons who are out of compliance with gun dispossession required by law;
○ Contact prohibited persons to notify them of their duty to dispossess themselves of firearms and advise them of the consequences of non-compliance;
○ Assess safety risks and make referrals to Metropolitan Nashville Police Department, the District Attorney’s Office and the High-Risk Intervention Panel;
○ Connect with the Tennessee Bureau of Investigation to learn if any prohibited persons residing in Davidson County have tried to purchase a firearm and failed the background check; and
WHEREAS, it is important that the Metropolitan Nashville Police Department or the Davidson County District Attorney’s Office employ a domestic violence firearm dispossession investigator to ensure compliance with these critical laws.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the Metropolitan Council requests that the Metropolitan Nashville Police Department and the District Attorney’s Office work together to determine where the position of a domestic violence dispossession investigator should be housed and provide that information to the Metropolitan Council in order to ensure such position is appropriately funded in the Fiscal Year 2025-2026 operating budget. The domestic violence dispossession investigator position should work to protect domestic violence victims by enforcing firearms dispossession of individuals with a full Order of Protection against them and/or those convicted of misdemeanor crimes of domestic violence.
Section 2. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.