Lori Berman and Anna Eskamani look to help keep guns out of the hands of domestic abusers

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State Sen. Lori Berman and Rep. Anna Eskamani are once again pushing legislation looking to ensure law enforcement can take weapons and ammunition away from individuals convicted of domestic abuse.

The Democrat attempted to shepherd through a similar bill last Session failed. On Thursday, Berman (SB 718) and Eskamani (HB 499) filed the legislation in the Senate and House, respectively, ahead of the 2020 Session.

“October is Domestic Violence Awareness month, and we know that guns pose a grave and imminent threat to the safety and well-being of countless women and families,” Berman said in a statement on the bill Thursday.

“In more than half of mass shootings over the past decade, the perpetrator shot a current or former intimate partner or family member as part of the rampage. Insufficient and weak gun laws on both the state and federal levels are at the heart of the problem with gun violence against women in our country, and SB 718 and HB 499 will work to strengthen these laws, keeping women and families more safe.”

Federal law already prohibits individuals subject to a current protective order against an intimate partner from possessing a weapon or ammunition. A spouse, former spouse, co-parent or cohabitant qualifies as an “intimate partner.”

Those convicted of misdemeanor domestic violence are also barred from owning weapons or ammunition under federal law. That also applies if the victim is of close relation such as a spouse, former spouse, co-parent or child.

The new legislation would amend Florida law to go beyond federal law. For instance, the measure would force someone convicted of domestic violence against a victim with whom the defendant has had a “significant relationship of a romantic or intimate nature” to turn over his or her weapons and ammunition.

That type of relationship is defined under Section 784.046(d) of Florida Statutes. The relationship “must have existed within the past 6 months” and interactions between the two must have been “continuous.”

That provision could include additional relationships not covered by federal law.

“Every month, an average of 52 women are shot and killed by an intimate partner. Nearly 1 million women alive today have reported being shot or shot at by intimate partners, and 4.5 million women have reported being threatened with a gun,” Eskamani said.

“It’s time Florida lawmakers take action to address the link between gun violence and intimate partner violence.”

The measure also lays out the process by which a convicted defendant must turn over their weapons, ammunition and concealed carry license, if applicable.

Law enforcement is directed to enforce a court order requiring the surrender of those items. If a law enforcement officer cannot collect the weapons in person, the defendant is required to turn them over themselves “immediately after being served” with the court order.

A law enforcement officer may also seek a search warrant if that officer believes all weapons and ammunition were not surrendered.

The legislation would also allow a defendant to transfer weapons to another person in lieu of turning them over to law enforcement.

That transfer would only be allowed if the person receiving the weapons is allowed to possess a gun. That person must also agree to store them in a way that will not allow the convicted defendant to have access to the weapons.

The measures would also allow for confiscation of weapons prior to a conviction if a law enforcement officer shows up to a scene and both “has probable cause to believe that an act of domestic violence has occurred” and the weapon is “in plain view or is discovered during a consensual or other lawful search.”

However, the owner of the weapon may regain possession within 14 days “after the conclusion of a proceeding on the alleged act.”

“We have seen more than one case in Florida where a mass shooter has had a history of domestic violence,” Eskamani added. “The lives of Floridians — and especially women’s lives — are on the line, and we are going to keep fighting for their safety.”

The effort from Berman and Eskamani is part of a series of bills introduced by Democrats aimed at increasing gun regulation in the state ahead of the 2020 Session. The party has urged Republicans in leadership to act on the issue after a trio of separate mass shootings in August in Texas and Ohio that left dozens dead.

Indeed, Berman has already filed another bill that bar concealed carry owners from bringing a gun inside a child care facility.