May 10, 2006 |
2006-R-0330 (Revised) | |
GUN SEIZURE WARRANT APPLICATIONS AND USE | ||
| ||
By: Veronica Rose, Principal Analyst Adam Wolkoff, Legislative Fellow | ||
You asked for general information on the 1999 gun seizure law, including the number of departments that sought warrants to seize guns, the number they sought and received, the source of the complaints triggering applications, and the number of guns seized. This report covers the period October 1, 1999 through May 1, 2006.
SUMMARY
Since 1999, at least 47 local police departments and the State Police have applied for gun seizure warrants to seize guns from people considered at risk of harming themselves or others. They applied for at least 155 warrants—13 in 1999; 21 in 2000, 2001, and 2002; 16 in 2003; 28 in 2004; 33 in 2005; and 2 between January 1 and May 1, 2006.
The police received all but two of the warrants they requested and seized guns in all but 13 of the cases. In all, they seized more than 1,200 guns, plus ammunition and accessories. The State Police and West Hartford Police Department applied for the most warrants, almost 26% of the total.
The data show (1) a relative as the most likely source of complaints underlying a warrant application; (2) murder and suicide threats as the most likely behaviors to trigger an application; and (3) a wife or girlfriend as the most likely target of a threat. In 146 of the 155 cases, the target of the warrant was a male.
This report discusses (1) the departments that applied for warrants, (2) the number of warrants they requested and received, (3) the target of the warrants, (4) the allegations underlying applications and the people who made them, (4) the number of guns seized, and (5) case outcomes.
GUN SEIZURE LAW
The gun seizure law took effect on October 1, 1999. It (1) allows police, under limited circumstances and following specified procedures, to get warrants and seize guns from anyone posing an imminent risk of harming himself or someone else and (2) requires a judge to hold a hearing within 14 days after the seizure to decide whether to return the guns or order them held for up to one year (CGS § 29-38c).
Police can seek the warrant only after (1) conducting an independent investigation to establish probable cause and (2) determining that no reasonable alternative exists to avert the risk of harm. The law does not define “independent investigation” or outline “reasonable alternatives. ” But the floor debate on the bill that became law suggests that legislators believed that (1) as part of the investigation, police should talk to witnesses and corroborate allegations made against defendants and (2) civil commitment and arrest were reasonable alternatives to a search warrant. And a Superior Court ruling that reversed a seizure under this law identified consensual search as the most obvious alternative to seizure (State of Connecticut v. David Avery, No. CV11-9168A, 1999 WL 1207153 (Conn. Super. Nov. 30, 1999)).
DATA COLLECTION
The report is based on (1) a written OLR survey of all local police departments and the State Police conducted in 2000 and (2) gun seizure warrants submitted to the Judicial Department by court clerks in subsequent years. The law does not require gun seizure reports, and departments typically do not compile gun seizure data in any readily retrievable format. Rather, they appear to maintain the data as part of larger files based on the nature of the case that triggered the warrant application, such as domestic dispute or disturbance, traffic incident, attempted murder, or assault, rather than in separate, individually retrievable files. The report potentially understates the number of warrant applications because some departments may have failed to report and others may have reported incomplete data.
WARRANT APPLICATIONS
Table 1 shows that, as of May 1, 2006, at least 47 local police departments and the State Police had applied for a total of 155 gun seizure warrants under CGS § 29-38c. The number of applications ranged from one to 24. Slightly less than half of the departments (23) applied for one warrant. The State Police applied for the most warrants (24) followed by West Hartford (17). Together they applied for almost 26% of all the warrants.
Table 1: Warrant Applications — 1999 Through May 1, 2006 (N=155)
Department |
No. of Applications |
Department |
No. of Applications |
State Police |
24 |
Windsor Locks |
2 |
West Hartford |
17 |
Avon |
1 |
Bristol |
8 |
Berlin |
1 |
Milford |
7 |
Brookfield |
1 |
East Haven |
6 |
Cheshire |
1 |
New Britain |
6 |
Danbury |
1 |
Enfield |
5 |
Darien |
1 |
Farmington |
5 |
Fairfield |
1 |
Hamden |
5 |
Glastonbury |
1 |
Newington |
5 |
Greenwich |
1 |
Southington |
5 |
Middlebury |
1 |
East Hartford |
4 |
New Canaan |
1 |
Manchester |
4 |
New Haven |
1 |
Monroe |
4 |
North Branford |
1 |
Meriden |
3 |
Norwich |
1 |
North Haven |
3 |
Old Saybrook |
1 |
Rocky Hill |
3 |
Plainville |
1 |
Seymour |
3 |
Plymouth |
1 |
West Haven |
3 |
Simsbury |
1 |
Bloomfield |
2 |
Stamford |
1 |
Torrington |
2 |
Trumbull |
1 |
Vernon |
2 |
UConn |
1 |
Wallingford |
2 |
Waterbury |
1 |
Windsor |
2 |
Wolcott |
1 |
Number of Police Departments = 48
RESULT OF APPLICATIONS
The courts granted all but two of the 155 warrant requests. They denied (1) one Wolcott Police Department warrant for lack of probable cause and (2) one West Hartford Police Department warrant on the grounds that a search under a previous warrant involving the same subject had yielded all the guns to which the subject had access. (The intended target of a Seymour Police Department warrant surrendered his guns voluntarily before the warrant was executed. )
NATURE OF ALLEGATIONS
In 101 cases, warrant applications were based on a murder or suicide allegation, or both. Suicide threats accounted for 61 (39%) applications, murder for 26 (17%), and murder-suicide for 14 (9%) (see Figure 1). Other factors that triggered an application included violent threats or behavior, mentally unstable behavior, and domestic abuse.
SOURCE OF ALLEGATIONS
A relative was the most likely person to initiate a complaint triggering a warrant application. A relative made the complaint in 45 (29%) of the cases. Police officers were the next most likely source of a complaint. Other sources in descending order were clinicians, neighbors, employers, school officials, and friends (see Figure 2). In one case, the subject of the warrant called police himself after he allegedly attempted suicide by stabbing himself in the abdomen.
TARGET OF THREATS
The potential targets of the threats underlying the warrant applications included relatives, friends, neighbors, school officials, and coworkers. The person most frequently targeted was a relative, usually a wife or ex-wife. There were also several nonspecific threats.
SEARCH OUTCOME
Police seized guns in 140 (92%) of the 153 cases in which they got warrants. In 13 cases, they found no guns, including one in which they found only a flare launcher, and in one case, the subject of the warrant surrendered his guns voluntarily before police served the warrant. In all, police seized more than 1,200 guns. The State Police seized the most, more than 430, including 231 in one case.
GUN HEARING OUTCOME
The law requires the court to hold hearings to determine the disposition of guns seized pursuant to the gun seizure law. Of the 140 cases in which the police seized guns, we were able to get definitive disposition information in 114 cases. Table 2 shows that the court
upheld the vast majority of the seizures, ordering the police to hold the guns in 63 cases and ordering that the guns be destroyed or transferred to a third party in 29 cases.
The court ordered the police to return the guns in 19 cases. In one of the earliest State Police cases, the court pointed out that the police had not exhausted the law's reasonable alternative standards. In another case, the court ordered the Rocky Hill Police Department to return the guns on the grounds of insufficient evidence.
Table 2: Results of Mandatory Gun Hearings (N=140)
Hold guns |
63 |
Return guns |
19 |
Transfer guns to dealer, attorney, or relative |
17 |
Destroy guns |
12 |
Victim withdrew allegations—no hearing |
1 |
Subjects died before hearing, guns turned over to estate |
2 |
Information unavailable, unclear |
26 |
Attachment 1: Warrant Applications Under Gun Seizure Law
Police Department |
No. of Applicat- ions |
Subject of Complaint or Warrant (Defendant) |
Person Initiating Complaint (Complainant) |
Allegations Against Subject or Basis for Warrant Application |
Potential Target/Person Threatened or at Risk of Harm |
Subject's Previous Criminal or Psychiatric History |
Was Warrant Issued? |
Were Guns Seized? |
Outcome/Latest Available Information |
Avon |
1 |
Walter M. (m) |
Friend |
Suicide threats (possible depression) |
Self |
Criminal or psychiatric history not known |
Yes |
6, plus ammunition (December 15, 2002) |
Subject's mother, who apparently owned the guns, asked department to hold them for one year; guns returned on October 29, 2003—case closed |
Berlin |
1 |
Michael F. (m) |
Landlord |
Murder and suicide threats (illegally possessed guns without permit) |
Self and unspecified people |
Arrests for motor vehicle and weapon violations; psychiatric history not known |
Yes |
18, plus ammunition and other weapons (March 11 and 12, 2004) |
Court ordered guns held until March 2005. |
Bloomfield |
2 |
Case 1— Beatrice H. (f) |
Doctor |
Mental instability (believed people were coming through her walls to harm her and her dogs) |
Nonspecific |
No known criminal history; history of paranoia |
Yes |
1 (March 22, 2004) |
Court ordered department to destroy gun; gun destroyed—case closed |
Case 2— Carol G. (f) |
Husband |
Suicide threat (police responded to call from defendant's husband stating that defendant had left suicide note) |
Self |
Unknown |
Yes |
4, plus ammunition and accessories (August 26, 2005) |
Hearing scheduled for September 6, 2005. Court ordered guns held for 6 months (August 27, 2005); Department still in possession of guns (January 26, 2006) | ||
Bristol |
8 |
Case 1—Daniel W. (m) |
Estranged wife |
Suicide threat |
Self |
History of depression; criminal record not known |
Yes |
4, plus ammunition and accessories (January 8, 2004) |
Hearing scheduled for January 22, 2004; no other information available (August 8, 2004) |
Case 2—James S. (m) |
Police Investigation |
Suicide attempt (police had to use taser to subdue suspect who tried to kill himself) |
Self |
Unknown |
Yes |
4, plus ammunition (March 19, 2004) |
Hearing scheduled for April 7, 2004; no further information available (August 8, 2004) | ||
Case 3—Stanley S. (m) |
Wife |
Suicide threat (depressed about his employment status) |
Self |
Unknown |
Yes |
7, plus ammunition (May 7, 2004) |
Hearing scheduled for May 19, 2004; no further information available (August 8, 2004) | ||
Case 4—Michael L. (m) |
Father |
Suicide and murder threat |
Self and neighbor |
Institutionalized for depression and suicide attempts; arrest record unknown |
Yes |
1 (April 18, 2004) |
Hearing scheduled for May 20, 2004; no further information available (August 8, 2004) | ||
Case 5—Henry P. (m) |
Wife |
Wife and other family members |
Yes |
1, plus ammunition (August 20, 2004) |
Hearing scheduled for September 1, 2004 | ||||
Case 6— Mary L. (f) |
Father |
Suicide threat |
Self |
Unknown |
Yes |
1, plus ammunition and firearm ID cards (September 18, 2004) |
Hearing scheduled for September 30, 2004; at hearing, guns returned to owner—case closed | ||
Case 7—Mark S. (m) |
Brother |
Suicide threats |
Self |
Unknown |
Yes |
1 with case (July 26, 2005) |
Hearing scheduled for August 8, 2005; Gun ordered held for one year (August 9, 2005) | ||
Case 8—Daniel M. (m) |
Wife |
Suicide threat (made reckless threats and committed acts of violence towards himself; recklessly used, displayed, and brandished a gun; abused alcohol while doing above actions) |
Self |
Unknown |
Yes |
11 (October 23, 2005) |
Hearing scheduled for November 16, 2005; at hearing, guns returned to owner—case closed | ||
Brookfield |
1 |
Jeffrey D. (m) |
Parents |
Enforcement of bond condition not to possess firearms |
Family |
Previous arrests (reasons not reported) |
Yes |
3, plus ammunition and other weapons (August 24, 2004) |
Court ordered guns held for one year (October 19, 2004); guns still being held by police department (January 27, 2006) |
Cheshire |
1 |
Jeffrey F. (m) |
Wife |
Suicide threat involving gun (upset about pending divorce; believed to be clinically depressed) |
Self |
Treatment for clinical depression |
Yes |
4, plus ammunition (June 30, 2003) |
Court ordered guns held until December 31, 2003 when they were returned—case closed |
Danbury |
1 |
Phillip L. (m) |
Unclear |
Murder threat (claimed law enforcement officers and others were trying to kill him; had access to guns and alleged history of drug and alcohol abuse and suicide threats) |
Police |
Unknown psychiatric and criminal history |
Yes |
8, plus ammunition and other weapons (May 2, 2000) |
Court ordered guns held for one year on May 3, 2000; as of May 28, 2004, subject had not claimed them |
Darien |
1 |
Richard V. (m) |
Employer |
Suicide and murder threat (faced arrest and job termination because of illegal workplace activities; police records showed that subject owned guns) |
Self and terminally ill wife |
Criminal and psychiatric record unknown |
Yes (Nov. 8, 1999) |
None found |
No hearing required—case closed |
East Hartford |
4 |
Case 1—Donald M. (m) |
Mother |
Suicide threat |
Self |
Committed for emergency evaluation after previous suicide threat |
Yes |
1, plus ammunition (February 16, 2005) |
Court ordered gun destroyed (May 6, 2005); Guns destroyed July 26, 2005—case closed |
Case 2— Kevin A. (m) |
Unclear |
Domestic violence |
Partner |
Unknown |
Yes |
1 (February 12, 2005) |
Court determined that gun belonged to person other than defendant and ordered it returned (April 5, 2005); gun returned April 11, 2005—case closed | ||
Case 3— Russell O. (m) |
Unclear |
Suicide threat |
Self |
Unknown |
Yes |
7 (December 29, 2005) |
Hearing scheduled for January 12, 2006; Department continues to hold guns (February 7, 2006) | ||
Case 4— Derick L. (m) |
Unclear |
Enforcement of family violence protective order (Defendant was arrested and charged with kidnapping and assault in the third degree (July 25, 2005)) |
Girlfriend and her estranged husband |
Unknown |
Yes |
airgun, plus ammunition and accessories (July 29, 2005) |
Department continues to hold ammunition and airgun (February 7, 2006) | ||
East Haven |
6 |
Case 1— Alfred G. (m) |
Wife |
Failed to surrender guns as required of person subject to protective order; repeatedly violated protective order issued because of his threats to murder wife |
Wife |
Unknown |
Yes |
1 (July 18, 2001) |
Hearing scheduled for July 30, 2001; no information available on initial court order; December 24, 2002, court ordered guns transferred to State Police for destruction—case closed |
Case 2— Mark C. (m) |
Self |
Unstable behavior (threatened police with knife; addicted to painkillers) |
Self and mother |
Unknown |
Yes |
2, plus ammunition and accessories (January 26, 2005) |
Court order unclear, but guns returned on April 29, 2005—case closed | ||
Case 3— Jeffrey T. (m) |
Police investigation |
Police investigation of charge of reckless endangerment |
Wife |
Domestic abuse/dispute (barricaded himself in bedroom following domestic dispute; previous threats to kill wife) |
Yes |
14 (October 5, 2005) |
Hearing scheduled for October 25, 2005; Department still has guns (February 7, 2006 | ||
Case 4— Arthur M. (m) |
Wife |
Suicide threats (Doctor recommended that defendant, a returning Iraq veteran who voluntarily checked himself into hospital, needed to remain in hospital longer and advised his wife to remove guns from their home) |
Self |
Unknown |
Yes |
4, plus accessories (November 9, 2005) |
Hearing scheduled for December 12, 2005; court ordered department to sell guns—case closed | ||
Case 5— Sean M. (m) |
Wife |
Suicide threats |
Self |
History of alcohol abuse |
Yes |
2, plus ammunition (November 22, 2005) |
Hearing scheduled for December 6, 2005; Department still has guns (February 7, 2006) | ||
Case 6— Peter N. (m) |
Counselor |
Forbidden to possess guns by firearms compliance order |
Unclear |
Previous arrests |
Yes |
No guns (ammunition only) (February 21, 2006) |
Hearing scheduled for March 7, 2006 | ||
Enfield |
5 |
Case 1—Frank V. (m) |
Unclear |
Murder threat and veiled suicide threats |
Self and others |
Unknown |
Yes |
11 (October 29, 2001) |
Hearing scheduled for November 8, 2001—no information available on court order; as of April 30, 2004, department still had guns |
|
Case 2—Peter V. (m) |
Unclear |
Suicidal behavior |
Self |
Unknown |
Yes |
20, plus ammunition (October 27, 2000) |
Court ordered guns held for one year; guns returned—case closed | |
|
Case 3—Paul S. (m) |
Ex-wife |
Suicide threat |
Self |
Arrest record for assault and breach of peace; Unknown psychiatric history |
Yes |
1, plus other weapons (June 25, 2000) |
Court ordered gun held for one year; as of December 1, 2000, department still had the gun; gun sent to State Police for destruction on September 24, 2003—case closed | |
Case 4—Joseph R. (m) |
Ex-girlfriend |
Suicidal threat and behavior |
Self |
Unknown psychiatric and criminal record |
Yes |
2 (March 14, 2003) |
Court ordered gun held for one year until March 25, 2004; no further information available (August 8, 2004) | ||
Case 5— John S. (m) |
Enfield Police Dept. |
Unstable behavior (defendant apprehended while shoplifting in possession of gun; claimed he did not know why he shoplifted) |
Self and others |
Self-reported treatment for depression |
Yes |
3, plus ammunition, accessories, and non-firearm related items (February 1, 2005) |
Hearing held on February 14, 2006; court ordered guns transferred to defendant's attorney—case closed | ||
Fairfield |
1 |
William M. (m) |
Son |
Suicide threats (was target of FBI child pornography probe and raid; swallowed pills, armed self, led police in pursuit and refused to relinquish gun; police aware of subject's access to guns) |
Self |
Unknown criminal or psychiatric history |
Yes |
8, plus ammunition and accessories (April 25, 2000) |
Hearing scheduled for May 8, 2000; apparently the case was continued and the subject died before a hearing was held; department turned guns over to gun dealer on estate's behalf—case closed |
Farmington |
5 |
Case 1—Bernard K. (m) |
Sister |
Murder threat (made during domestic dispute; police heard subject threaten to break her sister's neck; after police seized guns and hospitalized subject, sister expressed fear of repercussions) |
Sister and other family members |
Unknown criminal or psychiatric record |
Yes |
39, plus ammunition and accessories (October 19, 1999) |
Hearing postponed with parties stipulating it was no longer necessary because parties agreed to have guns transferred to gun dealer for resale on consignment on June 15, 2000—case closed |
|
Case 2—Marc F. (m) |
Unclear |
Violent threat (barricaded self in residence where police observed him with what appeared to be a gun and heard gun slide action) |
School officials and neighbor |
Criminal record and history of severe alcoholism |
Yes |
No guns; Ammunition only (June 10, 2001) |
Subject agreed that ammunition be turned over for destruction—case closed | |
Case 3—Robert J. (m) |
Neighbors |
Reckless gun use; fired guns recklessly on his property in residential area |
Not applicable |
Unknown |
Yes |
5, plus ammunition and accessories (November 17, 2001) |
Court ordered guns destroyed—case closed | ||
Case 4—David D. (m) |
Police investigation |
Threatened suicide |
Self |
Unknown |
Yes |
2, plus ammunition and accessories (November 28, 2001) |
Court ordered guns turned over to attorney; guns turned over—case closed | ||
Case 5—Barry W. (m) |
Acquaintance |
Murder threats |
Acquaintance |
Unknown |
Yes |
1 (December 21, 2003) |
Hearing scheduled for January 5, 2004; no further information available (August 8, 2004) | ||
Glastonbury |
1 |
Michael B. (m) |
Mother |
Suicidal behavior—brandished knife at police officers who responded to 911 call and told them they would have to kill him (mother expressed concern about subject's mental state; subject had history of verbal and physical altercations with family members; claimed to have guns and described possible ambush scenarios of police officers; police records showed he had guns) |
Self |
Unknown psychiatric and criminal record |
Yes |
4 (December 27, 2000) |
Court ordered police to return; guns returned—case closed |
Greenwich |
1 |
Thomas B. (m) |
Neighbor |
During conversation with neighbor to resolve dispute with neighbor's mother-in-law, subject held a handgun at his side and repeatedly expressed his right to protect his property (police records showed (1) past episode when subject allegedly walked around his property carrying rifle; (2) subject did not have gun permit; and (3) active arrest warrant for DUI) |
Neighbor |
Arrest warrant for DUI; Unknown psychiatric record |
Yes |
11, plus ammunition and accessories (October 28, 1999) |
Initial court order unclear, but on October 16, 2001, the court ordered the weapons destroyed; on January 3, 2002, the department turned them over to the State Police for destruction—case closed |
Hamden |
5 |
Case 1—Dean R. (m) |
Information unavailable |
Information unavailable |
Information not available |
Unknown |
Yes |
1 (February 21, 2001) |
Court ordered guns held for one year on March 23, 2001; gun returned September 5 2002—case closed |
Case 2—Robert K. (m) |
Wife |
Attempted suicide (pending divorce; subject of restraining order) |
Self |
Bipolar and depression |
Yes |
2 (January 1, 2002) |
Court ordered guns held for one year; guns destroyed February 19, 2004 pursuant to court order—case closed | ||
Case 3—James A. (m) |
Unknown |
Suicide attempt |
Self |
Depression |
Yes |
5, plus ammunition and accessories (March 31, 2005) |
Court ordered guns held for one year (March 31, 2005); Department still has guns (February 7, 2006) | ||
Case 4—Geneva D. (f) |
Unknown |
Unstable behavior |
Self and others |
Unknown |
Yes |
1, plus ammunition (April 22, 2005) |
Court ordered gun destroyed; completed September 27, 2005—case closed | ||
Case 5— Charles W. (m) |
Wife |
Suicidal and self-destructive behavior |
Self |
Arrests for criminal mischief and criminal trespass |
Yes |
3 (May 5, 2005) |
Hearing held May 18, 2005; Defendant stipulated to state retaining firearms for one year. Department still has guns (February 7, 2006) | ||
Manchester |
4 |
Case 1—Michael G. (m) |
Wife |
Murder threat (psychiatrist described subject's escalating abuse of prescription drugs and advised police that he was in imminent danger of harming himself or someone else; had access to guns) |
Wife |
Drug dependency |
Yes |
6, plus ammunition and other weapons (March 8, 2000) |
Court ordered guns held for 120 days; department returned them on September 18, 2000—case closed |
Case 2—Bruce B. (m) |
Wife |
Suicide threat (reportedly made suicide videotape and had access to guns) |
Self |
Unknown psychiatric history; no arrest history |
Yes |
1 (November 12, 2003) |
Gun returned on March 11, 2004—case closed | ||
Case 3— Jorge A. (m) |
Acquaintance |
Violent gun threats (threatened to use gun against neighborhood children) |
Neighborhood children |
Unknown |
Yes |
1, plus ammunition and accessories and drugs (August 13, 2005) |
Hearing scheduled for September 1, 2005; department is still holding gun (February 15, 2006) | ||
Case 4— Scott K. (m) |
Supervisor |
Murder threats against co-worker |