Wednesday, October 14, 2015

10142015 - Why are Michigan legislators not protecting its OIDV victims?



When are Michigan legislators going to wake-up and realize that Michigan's Lautenberg Loophole [MCL 769.4a] is dangerous for OIDV victims? 

Under the Lautenberg Amendment, when anyone - including a police officer - commits the crime of domestic violence, the abuser can never again own, possess, or use a gun.

Instead of understanding the dangers of OIDV and having compassion for the victims, Michigan legislators felt sorry for the abusing officers who [rightfully] lost their LE careers for committing a [very violent] crime.

To protect its officers - and not OIDV victims - legislators widened the scopes of MCL 769.4a - allowing even felony dv convictions to be erased after a year of probation. Not only is the abusing officer's gun[s] returned to him, but he is likely returned to duty. Remember, he has the Michigan legislators and the police union on his side. 
The OIDV victim has no one from the state of Michigan fighting for her.

So who fights for the Michigan OIDV victim? No one. She alone fights for herself.

After her abuser's 'probation' is served, the victim's protective order against him also expires. And now an entirely new battle begins for her: the Brady Act on PPOs- which prevents the abusing officer from owning, possessing, using a gun.

The victim is now in the midst of another war, in an attempt to protect herself and her family. Once again - just as in the criminal OIDV case - to the abuser, it is the victim who is seen as the enemy that keeps the officer away from his gun[s] and his job - not the law.  

It's not supposed to be like this, with the victim fighting for protection under our laws and possibly paying violent consequences at the hands of her abuser for doing so - that was the intention of the Lautenberg Amendment: to protect OIDV victims  and their rights -  that Michigan legislators have done everything in their powers to disban and have been successful at. 

Lautenberg Amendment: "The Domestic Violence Offender Gun Ban often called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence", Pub.L. 104–208,[1] 18 U.S.C. § 922(g)(9)[2]) is an amendment to the Omnibus Consolidated Appropriations Act of 1997 enacted by the 104th United States Congress in 1996, which bans access to firearms by people convicted of crimes of domestic violence. The act is often referred to as "the Lautenberg Amendment" after its sponsor, Senator Frank Lautenberg (D - NJ)."
http://en.wikipedia.org/wiki/Domestic_Violence_Offender_Gun_Ban



Michigan's Lautenberg Loophole [MCL 769.4a] "(5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime..."
http://www.legislature.mi.gov/(S(a5c0ywolmd1t1bkvbxljq00m))/mileg.aspx?page=GetObject&objectname=mcl-769-4a

10142015 - How can you talk about abusers' access to firearms and the risk of DV homicide - and not mention OIDV?

Today, The Executive Office Of The President was on the MIOIDV website, viewing an article I had posted, in which I questioned the National Network To End Domestic Violence's failure to address OIDV victims in it's report of DV homicides









Back in 2014, the National Network To End Domestic Violence [NNEDV], issued a report: Access to Firearms Increases risk of intimate partner homicide by 500% .




No where in NNEDV's article did they mention Officer Involved Domestic Violence - whose victims are murdered at a far greater alarming rate - by a firearm, that is often the abusive police officer's department issued duty gun .

And, when I checked NNEDV's website, I could find no mention of OIDV . ??

So, I contacted NNEDV, and asked them why they weren't talking about OIDV. I never received a reply from NNEDV regarding Officer Involved Domestic Violence.

The OIDV secret that no one wants to talk about:
Domestic violence advocates publicly and loudly in-your-face demanded gun ban laws for those convicted of DV.  In 1998, state and federal legislators backed and enacted  18 U.S.C. § 921: Lautenberg Amendment; Federal Domestic Violence Gun Ban .





But at the same legislators that are backing and enacting these same laws to protect DV victims, are creating loop-holes in these laws to protect abusing police officers from not only being held criminally responsible for OIDV - but to keep guns in the hands of these officers. And meanwhile, the domestic violence advocates are turning their heads to this deadly miscarriage of justice for OIDV victims everywhere.

Sad misjustice to Michigan's OIDV victims: Soon after the lautenberg enacted, Michigan state legislators created a loophole in MCL 769.4a -

2013 - Michigan MCL 769.4a - private DV criminal hearings. Silenced the only voice for OIDV - the media - and further endangered the lives of OIDV victims, by putting guns back in their abuser's hands.

And so it goes away - and even a NATIONAL DV agency, such as the NNEDV doesn't have to talk about firearm homicides in regards to OIDV

But, what no

OIDV is deadly different from non-OIDV domestic violence, because while legislators