EFFECT JULY 1ST.
IT IS DESIGNED TO TAKE
AWAY WEAPONS OF PEOPLE
ACCUSED OF
DOMESTIC VIOLENCE OR
PEOPLE WITH RESTRAINING
ORDERS AGAINST
THEM.
WE WANTED TO SEE HOW
MANY GUNS HAVE BEEN
TAKEN AWAY SINCE THE
LAW WENT INTO EFFECT.
AS NEWS 13 )S RACHEL
KNAPP EXPLAINS... WHAT
WE FOUND IS THAT THIS IS
A NEW LAW THAT HAS NO
TEETH TO IT.
04:46 she used to show
up at my work, she was
stalking me for awhile
04:50
HE SAYS THEY BRIEFLY
DATED AND HE WAS TRYING
TO END IT KINDLY...
THEN, HE SAYS IT LED TO
VIOLENCE --
PUNCHES TO THE STOMACH
AND THE RIBS...
03:44 she )s been in and
out of jail like eight
times 03:47
AND FINALLY... THE DEATH
THREATS, SO THAT IS WHY
WE ARE HIDING HIS
IDENTITY.
05:23 That )s when she
said )you can )t tell me
what to do, I )ll kill
you... you ain )t s ( ( ( ..
all this and that 05:32
HE SAYS SHE WENT TO
EXTREMES TO TRY AND SEE
HIM.
01:18 she started
crawling through my
doggy door and stuff
like that real late at
night 01:22
HE WENT TO GET A
RESTRAINING ORDER.
WHILE FILLING OUT THE
PAPERWORK ON JULY
17TH... ONE QUESTION
STOOD
OUT...
DOES THE ABUSER HAVE A
FIREARM?
THAT QUESTION WAS ADDED
16 DAYS EARLIER. . IT
WAS PART OF NEW GUN
CONTROL LEGISLATION IN
NEW MEXICO THAT WENT
INTO EFFECT IN JULY.
IT STATES,
IF A PERSON IS CHARGED
WITH DOMESTIC VIOLENCE
OR HAS A RESTRAINING
ORDER AGAINST THEM...
AND THE DOMESTIC
VIOLENCE (VICTIM CAN
PROVE TO A JUDGE THEIR
LIFE IS
IN DANGER... A JUDGE
CAN TELL THE SUSPECT TO
(TEMPORARILY GIVE UP
THEIR GUNS.
THE BILL WAS SPONSORED
BY DEMOCRATIC STATE
SENATOR JOSEPH
CERVANTES,
00:45 so the goal here
is to make sure judges
make the right inquiries
when you have a case of
domestic
violence 00:51 make the
right inquiries of the
individuals involved and
make sure we take guns
out
of the mix 00:54
WE WANTED TO KNOW HOW
MANY TIMES A VICTIM
ASKED A JUDGE TO TAKE
AWAY SOMEON )S GUNS...
91 PEOPLE HAVE FILED
MOTIONS UNDER THIS NEW
LAW THAT TOOK
EFFECT JULY 1ST...
JUDGES FOUND THAT IN
EVERY CASE THERE WAS A
REASONABLE
THREAT...
YET ONLY 14 POEPLE HAD
TO GIVE UP THER GUNS.
WHY?
TO GET THE ANSWER WE GO
BACK TO THE MAN TRYING
TO GET
AWAY FROM AN
EX-GIRLFRIEND.
04:25 WHAT KIND OF GUN
DID SHE HAVE? A handgun.
04:27 delete the long
pause a semi-automatic
handgun
04:31
BUT IN COURT... THE
WOMAN TOLD THE JUDGE SHE
DIDN )T OWN OR HAVE A
GUN.
STAND UP - standing
outside bernco. district
court YOU SEE THERE
SEEMS TO BE A LOOPHOLE
IN THIS NEW STATE LAW.
THE JUDGE CAN ONLY ASK
SOMEONE IF THEY HAVE A
GUN. ( ( (BUT ( ( THE LAW
DOES NOT GIVE THE JUDGE
THE AUTHORITY TO SEARCH
IF ANY PERSON OWNS OR
HAS ACCESS TO A WEAPON.
SO THIS NEW LAW IS
DEPENDENT UPON THE HONOR
CODE. SO
SOMEONE ACCUSED OF
STALKING, ABUSING, OR
INJURING SOMEONE IS
EXPECTED TO BE HONEST
WITH A JUDGE.
08:03 I was like well
that )s bull s ( ( ( because
I saw it in her car.
08:07
HE SAYS SHE LIED TO THE
JUDGE.
NOW HE WAS EVEN MORE
WORRIED ABOUT
RETALIATION.
09:37 just the fact that
she )s threatening to
kill me and she has a
gun was enough, but it
wasn )t 09:41
10:50 why would they not
search her house for a
gun 10:52? WE TOOK WHAT
WE FOUND BACK TO SENATOR
CERVANTES AND HE
SAYS HE WOULD CONSIDER
MAKING AMENDMENTS TO
THIS NEW LAW TO
MAKE SURE
THERE COULD BE SOME SORT
OF TRUTH-FINDING
MEASURES AFTER A
SUSPECT CLAIMS THEY
DON )T HAVE A GUN.
THE SENATOR ALSO ADDED..
IF PEOPLE ARE LYING
ABOUT THIS,
THEY COULD FACE PERJURY
CHARGES AS WELL AS
(FEDERAL GUN
POSESSION CHARGES.
SENATOR 03:41 the point
of the law is to make
sure its not some honor
code and the law has
some
consequences when the
individuals fail to
comply with the law
03:48 so it )s up to the
courts to make the
inquiry and be persuaded
and we need to make sure
the courts have the
resources to do that...
this
takes time, it takes
money, it takes
personnel 03:58
ONLY TWO PEOPLE IN
BERNALILLO COUNTY HAVE
TRIED TO GET
GUNS OUT OF THE ABUSER )S
HANDS USING THIS NEW LAW
DESPITE HAVING
HAVING THE
HIGHEST NUMBER OF
DOMESTIC VIOLENCE CASES
IN THE STATE... WE
REACHED OUT NUMEROUS
TIMES TO BERNALILLO
COUNTY DISTRICT
ATTORNEY,
RAUL TORRES ) OFFICE TO
SEE OF THE LOOPHOLE IS
WHY THEY ARE NOT
USING THE NEW LAW.
BUT THEY REPEATEDLY
DECLINED REQUESTS FOR AN
INTERVIEW.
THE VICTIM WE SPOKE
WITH...
SAYS HE )S NOT SURE HE
WOULD )VE ASKED THE JUDGE
FOR HIS EX TO GIVE
UP HER GUN...
IF HE KNEW SHE COULD
JUST LIE AND GET AWAY
WITH IT.
09:18 she doesn )t need
to have it, I )m scared
and she )s threatening to
kill me I )m surprised
and nobody went
and was like )oh maybe
we should check her
f ( ( (ing house ) 09:26 I
thought it was a given,
I thought they were
going to do that 09:29
RACHEL KNAPP KRQE NEWS
13.
THE VICTIM WE SPOKE WITH
IS ONE OF TWO BERNALILLO
COUNTY CASES
WHERE THE SUSPECT CLAIMS
THEY DON )T HAVE A GUN.
SO WHICH COUNTY HAS THE
MOST CASES OF PEOPLE
GIVING UP THEIR
GUNS?
WE HAVE A BREAKDOWN GO
TO "ALWAYS ON" K-R-Q-E
DOT COM.
ADLIB TOSS TO WEATHER
TONIGHT...Mostly cloudy
early in the evening
then becoming partly