Kenosha County has unveiled a coordinated effort between the Kenosha County Circuit Court, Sheriff’s Department and the District Attorney’s Office to require people who are the subject of domestic abuse and related temporary restraining orders and injunction orders to surrender any firearms in their possession while the Court Order is active.
The effort, known as the “Kenosha County Firearms Surrender Project” is modeled after other pilot programs in the state that have proven to be successful.
At a recent meeting of the Kenosha County Criminal Justice Coordinating Committee (KCCJCC), Danielle Long, Community Services Specialist for the State Office of Justice Assistance (OJA), presented information about other pilot firearms surrender projects around the state and recommended that Kenosha County give further consideration to developing its own program.
Judge Mary Wagner, Chief Judge and Chairperson of KCCJCC, formed a workgroup to study this project. Under the law, the Courts have the authority to order a person who is the subject of an injunction to surrender any firearms in their possession during the pendency of the court order.
Judge Wagner said, “Right now there is no meaningful way to monitor the surrender of firearms or enforce the surrender of firearms.” Judge Wagner went on to say, “This project attempts to address these issues and close this loophole.”
Kenosha County District Attorney Robert Zapf designated Deputy District Attorney Michael Graveley to spearhead the effort to develop a firearms surrender policy. Zapf welcomed the project saying, “The District Attorney’s Office is not a newcomer to such-type programming.” Zapf said, “A few years ago Deputy DA Graveley managed a federal gun grant, that had similar components of getting guns off the street.” Sheriff David Beth, Court Commissioner Jon Mason, Clerk of Courts Rebecca Mataska-Mentink and others worked with Deputy DA Graveley to implement the Firearms Surrender Project in Kenosha County.
The Firearms Surrender Project works like this:
• at the injunction hearing, the Court will make a determination if the respondent has firearms and order the respondent to surrender firearms;
• the order will require the respondent to surrender all firearms to the Kenosha County Sheriff’s Department within two business days of issuance;
• a hearing for failure to surrender firearms will be set in case it is needed;
• the Circuit Court Clerk shall notify The District Attorney’s office of all failure to surrender firearms hearings;
• if the firearms have not been surrendered as ordered or if the possession of firearms remains in dispute, a representative of the district attorney’s office will determine if further criminal investigation is warranted;
• the sheriff’s department will investigate all failures to surrender firearms or referrals for criminal charges.
• all firearms surrendered shall be maintained by Kenosha Joint Services;
• at the completion or expiration of the injunction, the respondent may petition the Court for the return of firearms.
Judge Wagner complimented the workgroup for their expeditious handling of this project. District Attorney Zapf credits Sheriff Beth and his department for their willingness to take on this extra legwork in investigating, collecting, storing and returning firearms that are surrendered. Also, Zapf complimented Deputy DA Graveley for his efforts in coordinating this project.
Sheriff Beth said, “This project will increase the workload of the Sheriff’s Department and the Court, but this is a matter of public safety. Protecting victims of domestic violence and plugging this loophole is well worth it.”