DeKalb County, GA

January 16, 2025

A Federal-State-Local Criminal and Civil Justice Approach

For years local prosecutors in DeKalb County, GA were frustrated by the devastating rates of intimate partner gun violence in their community and were frustrated by the limited options in state law to meaningfully address it. These local prosecutors knew that federal law prohibited people with certain statuses—particularly those subject to certain domestic violence protection orders and those convicted of certain misdemeanor crimes of domestic violence—from purchasing or possessing firearms or ammunition.

Unfortunately, Georgia’s own state law has no such prohibitions and years of effort to advocate for the enactment of such protections were unsuccessful. The prosecutors understood that access to firearms by those who commit domestic violence increases risk of fatality for their intimate partners and the community, and they recognized that they needed to find creative local approaches to ensure the federal prohibitions were effective in their jurisdiction.

The local effort began with the insistence of leaders in the Office of the Solicitor-General—the prosecutorial office with jurisdiction over misdemeanor crimes—in conversation with others in the local criminal justice system. They realized that there had to be tools available to address intimate partner gun violence in their community. What has emerged are collaborative partnerships that leverage each other’s resources and strengths, and that span the civil and criminal justice systems at the local, state, and federal levels.

Local Approach to Implementing the Federal Misdemeanor Domestic Violence Firearms Prohibitor: Misdemeanor Domestic Violence Probation

In DeKalb County, State Court has jurisdiction over misdemeanor crimes which are prosecuted by the Office of the Solicitor-General. Those convicted of a misdemeanor crime and sentenced to probation are supervised by DeKalb County State Court Probation Department.  Probation’s charge is to ensure probationers’ compliance with the conditions set by the court and to help probationers reduce their likelihood of reoffending. Often, probation’s role includes identifying underlying issues that have led the probationer to offend and assisting the probationer with the tools to address such issues and prevent re-offending. The DeKalb County State Court Probation and Office of the Solicitor-General recognized that probation was a promising avenue to ensure that those convicted of domestic violence misdemeanors engaged in a domestic violence intervention program and did not have continued access to firearms, which would be a violation of federal law and thus a violation of the terms of their probation sentence.

DeKalb County State Court Probation Department took two actions which ensure consistency of this effort: they developed a Domestic Violence Unit within the probation department, and they developed a firearms protocol to be applied in all cases involving domestic violence.

Domestic Violence Unit: The unit is currently comprised of four probation officers who hold a dedicated case load of domestic violence misdemeanants, handling among themselves approximately 500 cases. These officers receive ongoing training about domestic violence. It is the department’s policy that upon receiving a case for supervision, the DV probation officer must contact the victim in the case. The purpose of contacting the victim early in the supervision process is to make sure the victim knows who the probation officer is, what their role is, and how to be in contact with the probation officer if needed. It gives the probation officer an opportunity, at the outset of the supervision period, to understand the victim’s perspective on the safety risks which in turn assists the probation officer in developing probation conditions and guidance to the probationer in remaining compliant with any no-contact orders or protection orders in place. The assigned probation officer also contacts the victim before closing a probation period as successfully completed.

The probation department is not equipped to provide any services to the victim, but can connect the victim to the advocates within the Solicitor-General’s office. Often, the domestic violence probation officers hear from victims during the period of supervision about further abuse. Because of the probation officer’s unique role, some victims who are hesitant to contact law enforcement are willing to engage with the probation officer. Understanding this dynamic, the officers in the domestic violence unit have provided support to victims including moving forward with probation violations based on an affidavit from the victim regardless of whether it was reported to law enforcement, providing victims transportation to reach services, and connecting them with advocates. In turn, the Solicitor-General’s office refers information received about potential probation violations to the assigned officer to investigate which can enhance victim safety.

Firearms Protocol: Those sentenced to probation for a misdemeanor conviction of domestic violence in DeKalb County are assigned to a probation officer within the Domestic Violence Unit. Beginning in 2014, the unit instituted a firearms protocol. At the probationer’s first meeting with their assigned probation officer, the officer will provide two separate, clear notices among the probation obligations:

• a notice that they must enroll in a certified family violence intervention program within a specified period of time, and
• a notice that federal law prohibits their possession or purchase of a firearm, and they have 24 hours to relinquish any firearm in their possession and provide proof of such.

Failure to meet either of these obligations can provide the basis for a violation of probation.

Under the firearms protocol, the domestic violence probationer receives from their assigned probation officer a firearms/ammunition notice which requires them to provide a sworn statement attesting to, whether at the present time or within six months:

• they own(ed) or possess(ed) any firearms or ammunition;
• what firearms or ammunition they possess(ed) or own(ed)
• whether the listed items have been surrendered or sold.

The notice provides detailed instructions for how the probationer can relinquish any firearms or ammunition in their possession. It also includes information about the potential penalties for failing to accurately report firearms or ammunition which they possess or own or for remaining in possession of a firearm or ammunition while convicted of a misdemeanor crime of domestic violence.

To facilitate compliance with the condition to relinquish any firearms in their possession, the probation officer will arrange to safely receive any firearms from the probationer and store them. Probationers have the option to surrender their firearms to a law enforcement agency or sell their firearms instead to a licensed federal firearms dealer and provide receipts of those transfers.

The probation officers in the domestic violence unit observed that their explanation of the obligation to relinquish firearms is very often met with resistance. As one officer described, “We try to frame it as ‘Let me help you comply with probation so you don’t face a violation or a federal charge.’” In their experience, most often probationers eventually comply but that sometimes requires diligent follow up by the assigned probation officer—outreach between scheduled office check-ins, explanations of ways to comply with the relinquishment obligation, etc. Ultimately, failure to comply results in action for noncompliance with probation.

Institutionalizing the work: The DeKalb County State Court Probation Department has consistently implemented this firearms protocol since its inception. There are a few ways in which the work has been institutionalized, ensuring that it remains a department practice despite turnover and leadership changes:

• Formation of a permanent Domestic Violence Unit with dedicated probation officers who receiving ongoing training about domestic violence;
• Creation and use of a firearms/ammunition notice form to educate probationers about their responsibilities and consequences for violations;
• Relationship with the Solicitor-General’s office, particularly the victim advocates;
• Leadership has prioritized evaluation of the operations of the Domestic Violence Unit and the firearms protocol and examined ways to strengthen it.

State-Federal Collaborative Approach: Addressing the Risk of High-Risk Domestic Violence Offenders’ Access to Firearms by Enforcing the Federal Firearms Prohibitions

While the Office of the Solicitor-General has prosecutorial jurisdiction over misdemeanor crimes in DeKalb County, the Office of the District Attorney has prosecutorial jurisdiction over felony crimes. When the Solicitor General who initiated the probation compliance model described above was elected District Attorney of DeKalb County the new District Attorney leadership team brought with them their focus on finding creative solutions to reduce domestic violence related gun violence in their community and saw additional opportunities. The United States Attorney’s Office for the Northern District of Georgia (NDGA), which has jurisdiction over federal crimes within DeKalb and 45 other counties, seemed a natural partner. The partnership and the solutions they came up with grew organically from mutual motivation and goodwill. As described by Jenni Stolarski, a prosecutor integrally involved in forming the partnership efforts at both the Solicitor General and District Attorney’s Office, “We were all looking to round out our toolbox and took an opportunity to explore how we could solve this problem together for our community.”

Beginning in March 2018, designated prosecutors from the District Attorney’s Office and the U.S. Attorney’s Office set up routine phone calls to evaluate the sort of domestic violence-connected gun violence cases the state prosecutors were receiving that may be ripe for federal prosecution. At first, they chose cases in a non-formulaic way. Then the District Attorney’s Office started reaching out to others within the office, requesting that they send information about cases that might be appropriate to flag for the U.S. Attorney’s Office. At this time, the process was not yet formalized and there were no specific resources available. But what the state and federal prosecutors realized from systematically reviewing cases was that there were many domestic abusers “flying under the radar” that posed a significant risk to their partner and the community. For example, a defendant was arrested for shoplifting during which a gun was recovered from his backpack during the arrest and who, it was learned, had an extensive violent and escalating domestic violence history and was federally prohibited from possessing a firearm. The federal prosecutors realized the need to devote resources to enforcing the federal firearms prohibitions by charging these high-risk domestic abusers.

This exploration revealed to the District Attorney’s Office that they needed to formalize the work of the partnership, find resources, and ensure that victim advocacy was available to the domestic violence victims impacted by these cases. In 2022, the District Attorney’s Office received county government funding to establish the Firearms Violence Prevention Unit (FVPU) staffed with a prosecutor, investigator, and victim-witness advocate. The prosecutor leading this unit is the liaison to the U.S. Attorney’s Office.

The U.S. Attorney’s Office developed a set of criteria so the FVPU could determine which cases were appropriate for referral. The FVPU evaluates every gun case that comes into the DeKalb County District Attorney’s Office for possible referral to federal prosecutors and uses a point-based system to evaluate the risk of future violence, delving into all available records including police reports and domestic violence protection orders. The FVPU prosecutor and/or advocate attend weekly police department meetings on recent shootings in the community. The FVPU advocate contacts these recent victims to offer support and services. Reaching victims to offer support at this early stage often wasn’t possible in the past, as advocates in the District Attorney’s Office typically did not have information in order to reach victims until a suspect was identified or arrested. The FVPU advocate can provide information about crime victims’ rights and the criminal justice process, can notify the victim of court proceedings, and provide other support. But as an employee of the District Attorney’s Office, the FVPU advocate’s communications with the victim/survivor would not be privileged. This makes the District Attorney’s Office’s relationship with local community-based victim advocacy service providers, who do have confidentiality obligations to victims, so crucial. Those relationships keep the District Attorney’s Office informed of the availability of community-based victim services such that victims/survivors can be referred to confidential support that may also be able to address other attendant needs of the victim .

The FVPU investigator was designated as a task force officer (TFO) for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which gives him the authority to jointly investigate state and federal offenses and an enhanced working relationship with the ATF Atlanta Field Division. When the FVPU prosecutor determines a case is appropriate for federal referral, the FVPU investigator does the remaining investigation and writes up a summary.

A prosecutor in the U.S. Attorney’s Office is designated as the violence against women coordinator, serving as the regular point of contact in the FVPU-USAO partnership. In monthly meetings, the FVPU prosecutor provides the summaries of referred cases and the federal prosecutor provides updates on previously accepted cases, which allows for regular evaluation and data collection. The FVPU provides all available records and evidence for any cases accepted by the U.S. Attorney’s Office.

This coordinated focus on domestic violence-derived gun cases (either arising from a domestic violence incident or demonstrating a serious domestic violence history) has resulted in nearly 30 federal prosecutions since 2018. Those prosecuted were the most likely to be an active threat to their intimate partner and/or community and most of them involved charges of violating the federal firearms prohibition. And as a result of this effective partnership, the NDGA has begun discussions with the district attorney’s office in another county within its jurisdiction to engage in a similar partnership through the development of a dedicated unit.

Institutionalizing the work: The federal and state prosecution and law enforcement agencies involved in this partnership model have each taken institutional action to ensure the work is not dependent on any one individual, including:

• The formation of a dedicated unit within the state district attorney’s office, which incorporates a prosecutor, advocate, and law enforcement investigator and interfaces with all the other units throughout the district attorney’s office, through an initial fund by the county government but installed permanently in the agency’s budget;
• The established regular collaboration between the ATF and District Attorney Investigator, including the designation of the District Attorney Investigator as an ATF TFO which allows for more easy and efficient investigation and sharing of information;
• A designated Assistant U.S. Attorney, the Violence Against Women Coordinator, to screen all referred cases and maintain regular communication with the state prosecutors; and
• The assignment of cases accepted for federal prosecution is spread throughout the U.S. Attorney’s Office to ensure the entire office increases their capacity to address domestic violence-derived gun crimes.

Local Approach to Implementing the Federal Domestic Violence Protection Order Firearm Prohibitor: The Civil Justice System

The Magistrate Court in DeKalb County, at the designation of the Superior Court, presides over civil domestic violence protection orders (referred to as family violence protective orders [FVPOs] in Georgia). FVPOs are a unique legal tool for survivors of domestic violence as:

• They provide flexibility to incorporate a range of provisions to address the safety concerns for a survivor’s individual situation, and
• They are initiated by the survivor, providing the survivor with more autonomy to seek the most effective remedies.

While Georgia does not have a state firearm prohibition for those subject to FVPOs, those FVPOs that meet the statutory requirements of the federal firearms prohibition result in making it a federal crime for the respondent to purchase or possess firearms and ammunition for the duration of the FVPO. Thus, in issuing qualifying FVPOs, the Magistrate Court can require, and ensure compliance with, relinquishment of firearms. Since 2011, the Magistrate Court has maintained a compliance docket, which served as a Mentor Court for the Office on Violence Against Women at the U.S. Department of Justice in 2014-2020 to other courts seeking to improve their handling of cases involving domestic violence.

The components of the DeKalb Magistrate Court compliance docket demonstrate robust coordination and collaboration by multidisciplinary agencies in the community:

• All judges presiding over FVPOs receive specific training on domestic violence;
• In issuing qualifying FVPOs, the judge includes a provision for the respondent to surrender any firearms or ammunition in their possession to the DeKalb County Sheriff’s Office. The Sheriff’s Office created and maintains a protocol to receive surrendered firearms and ammunition and to store items until the Court issues an order permitting their return);
• The Court employs a full-time compliance officer (which they are able to fund with OVW funding through grant programs such as Improving Criminal Justice Responses (ICJR) and STOP). Upon leaving court with an issued FVPO, the respondent immediately meets with the compliance officer and receives information about how to relinquish firearms and ammunition with the Sheriff’s Office;
• The respondent is required to appear in the compliance court every two weeks and to report by phone to the compliance officer on the non-appearance weeks. The compliance officer is present at each compliance hearing;
• The Court also employs a domestic violence coordinator who searches, before each compliance hearing, for any additional criminal or civil cases.
• Before termination of the FVPO and issuance of an order permitting the return of surrendered firearms/ammunition, the Court holds a hearing to determine whether the respondent is eligible to receive the items;
• The Court maintains a relationship with the victim advocacy organizations throughout the community and invites them to maintain a presence in the courthouse. Advocates are available in the courthouse for assistance with the FVPO application process and understanding the court process.

 The agencies involved in this coordinated community response have been consistent in their effort to foster relationships, understand one another’s capacities, and move creatively towards potential solutions while centering victim/survivor-facing advocacy services in their model. They have, as a result, produced a multidimensional approach to promoting effective implementation and enforcement of the federal domestic violence firearms prohibitions in their community.