Under current law, only after a hearing can a judge order the removal of weapons in a household.
Advocates for victims of domestic violence are applauding Governor Dannel Malloy's call for the immediate removal of firearms at the time a judge issues a temporary restraining order.
Malloy announced the proposed legislation yesterday at an event in Meriden. He said that currently under a protective order in the state, a person is told to stay away from someone, "but only after a hearing -- and a hearing has to take place within two weeks -- can a judge order the removal of weapons in a household," said Malloy. "What we're urging the legislature to consider in the future is removing those weapons immediately at the issuance of a restraining order."
In a statement, the Connecticut Coalition Against Domestic Violence says the period immediately following a victim's application for a restraining order is often the most dangerous time. "This unique circumstance calls for enhanced measures to immediately remove guns from individuals who allegedly exhibit violent behavior toward their partner," said Karen Jarmoc, Chief Executive Officer of CCADV.
Under current Connecticut law, anyone with a full, one-year restraining order filed against them may not possess a firearm, but that law does not extend to these two-week temporary restraining orders.
In an e-mail to WNPR, independent gubernatorial candidate and gun rights advocate Joe Visconti said domestic violence restraining orders are "notorious for not being served by state marshals." He calls due process, "a sacrosanct constitutional right and should not be infringed upon once again by Governor Malloy because of an outdated and broken judicial system he has neglected to seek reform of over the past four years."
In May, Lori Jackson Gellatly of Oxford filed for a restraining order from her husband. During the temporary restraining order period, he broke into her home while their two young children were in the house. He shot her and her mother. Her mother survived, but the 32-year-old Gellatly died of her wounds.
Watch CT-N's footage of Malloy's announcement below:
