Bill would let police take guns away in domestic abuse calls

By Ann McBride
Arizona Daily Wildcat
March 29, 1996

PHOENIX - Christine Goire knew her husband was dangerous. He had threatened to kill her and he had a gun to do it.

The 30-year-old Flagstaff mother of three gave the gun to a friend for safekeeping, but the friend was harassed by Victor Goire to give the gun back, and she eventually did.

Soon after, on March 7, 1995, Victor Goire went to his estranged wife's workplace at the Coconino County Facilities Department Building and shot and killed her before turning the gun on himself.

The case propelled the citizens of Flagstaff to form Citizens Against Domestic Abuse, a group that educates the community about domestic abuse, said Shelly Hall, a founding member.

As part of its mission, Citizens Against Domestic Abuse drafted legislation in Christine Goire's memory.

House Bill 2562, sponsored by Republican Rep. John Verkamp of Flagstaff, would allow police to take a gun from a home when responding to domestic abuse calls, even if it was not involved in a crime. Under the proposed bill, police could hold the gun for three days and the victim would have to be notified before it was returned to the owner.

However, if there is reasonable cause to believe returning it to the owner may endanger the victim or another member of the household, the police can petition the courts to hold the gun for up to six months.

The bill would also allow the courts to prohibit individuals who have restraining orders to own or purchase guns.

Mikkel Jordahl, director of Coconino County Legal Aid, said the bill would provide an aggressor with a "cooling off" period, but it will not prevent someone who is "bound and determined" to kill another from doing so.

Verkamp said he had the bill reviewed by the National Rifle Association because he knew a citizen-sponsored bill would not pass the Legislature if it was opposed by the gun lobby.

Fred Griisser, NRA lobbyist, said the organization does not oppose the bill because it is not seen as a personal rights issue.

Besides the Goires, three other people from the Flagstaff area died last year in domestic abuse cases, said Sgt. Dennis Connell, of the Flagstaff Police Department. The five deaths included three suicides and two homicides.

The City of Phoenix reported 21 homicides in 1995 that involved domestic abuse. Police Statistician Rene Brugman said 15 of those deaths involved a gun.

Phoenix Police spokesman Sgt. Mike Torres said that if the bill passes, the department will have to construct additional air-conditioned space to store the confiscated guns. He said the police currently store between 600 and 800 guns a month and anytime they impounds property it is a "very expensive" venture because these items require a secure environment.

Torres said the police already take guns involved in domestic abuse situations under the state's community property law. But if either the husband or wife wants the weapon to remain in the home, police must abide by his or her wishes.

The confiscated gun is usually held for about three days before being returned to the owner, he said.

Doreen Nicholas, a case manager with Sojourner women's shelter in Phoenix, said the bill is the type of pro-active legislation the shelter encourages. She said many women are threatened by the mere presence of a gun and an aggressor is especially apt to go "berserk" after being served with an order of protection. Having a gun only escalates the problem, she said.

The bill passed the House 45-13 and the Senate Judiciary Committee 7-0. It should come up for a Senate floor vote in the next couple of days.

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