New York’s Approach to Domestic Violence/Intimate Partner Violence and Firearms: How Vermont Could Benefit
By Emily Stewart
The CDC defines intimate partner violence as abuse or aggression that occurs in a romantic relationship. The definition applies to both current and former spouses and dating partners.[1] Intimate partner violence can include physical violence, sexual violence, stalking, and psychological aggression.[2] In the United States alone, domestic violence is responsible for roughly 1,500 homicides annually.[3] Intimate partner violence is often synonymous with domestic violence, although domestic abuse can extend to children or other relatives. However, both New York and Vermont compile both intimate partner violence and domestic violence in annual reports for homicide statistics. New York reports have remained consistent in firearms not being the leading cause of death. By adopting similar laws, Vermont could benefit from New York’s approach and prevent future deaths.
Vermont and New York report differing statistics for gun violence. In 2022, Vermont reported that firearms caused death for 81% of the homicides in domestic violence.[4] Notably, domestic violence homicide has decreased from 71% of the total homicides per year in 1994 to 23% in 2022.[5] Although the rates varied from 1994 to 2022, the overall trend is . In one respect, the homicide rate is declining, but a constant remains true: firearms have been the leading cause of death since 1994 and are still the leading cause nearly thirty years later.[6] By contrast, in New York in 2022, domestic violence accounted for 16% of all homicides for that year.[7] The leading cause of death in domestic violence homicides was a knife, cutting instrument, or blunt objects at 45% of the total homicides.[8] Firearm deaths accounted for 23% of total homicides.[9] Similar to Vermont, New York has also seen a decline in domestic homicides.[10]
Domestic violence incidents involving firearms present a significantly higher risk of fatality. Domestic violence assaults involving a firearm are 12 times more likely to result in death than those involving other weapons or bodily force.[11] Additionally, firearms are used to commit more than three in five of all intimate partner homicides in the United States.[12] Domestic violence homicides involving firearms contribute to more than half of all mass shootings.[13] Approximately one-third of mass shooters have a history of domestic violence, indicating a direct consequence of mass shootings.[14] These statistics emphasize the need for comprehensive measures to control firearm access to prevent intimate partner deaths and broader violence.
New York and Vermont also have differing population sizes. New York’s population is significantly larger than Vermont’s. New York’s population is 19.9 million; while, Vermont’s population is 648,000. Along with a larger population, New York has the highest demand for domestic violence-related services in the country.[15] So, how can one of the most populous states in the country not have firearms as the top cause of death in domestic violence homicides? The answer might be hidden within gun control laws.
Federal law prevents firearm ownership for individuals convicted of domestic abuse and requires the surrender of any firearms an individual possesses.[16] Although federal protection exists, a gap remains due to the lack of legal protection for victims seeking protection orders., It is often left to individual states to fill this gap in legislation. The issue often is whether a state has laws requiring individuals to relinquish firearms when a protection order is issued. This is not just supplementary protection. Laws affecting the safety and well-being of domestic violence victims have a significant impact. The severity of the impact could result in further harm or even death.
Victims of domestic violence trauma should not be required to make extra efforts to secure their physical safety. Vermont and New York both have background check requirements for the purchase of firearms and prohibit domestic abusers under restraining orders from purchasing firearms.[17] However, Vermont’s legal protections for victims fall short in preventing future gun violence.[18] Vermont does not require individuals to surrender their firearms immediately when a restraining order is issued against them.[19] Vermont does allow family or other household members to make such orders necessary to protect the plaintiff or the children in the case.[20] However, this places an extra undue burden on a victim, likely suffering from trauma already. In New York, when temporary orders of protection are placed against domestic abusers, the court orders the surrender of their firearms to prevent harm to victims.[21] Additionally, New York imposes additional charges against an individual who fails to surrender their firearms. An individual is subject to a class A misdemeanor.[22]
The discourse between gun ownership and preventing domestic violence homicides is a complex and nuanced topic. New York is currently ranked as one of the strongest gun control states in the country.[23] Additionally, New York dodges firearms as the leading cause of death in domestic violence homicides. The correlation between a strong legal framework to protect potential victims and reduce their burden is something Vermont could adopt through analogous legislation. Vermont could prevent future domestic violence deaths by adopting similar gun restrictions like New York. Additionally, Vermont could address the ongoing issue of gun violence that consistently impacts its annual homicide rates.
[1] About Intimate Partner Violence, CDC, (May 16, 2024), https://www.cdc.gov/intimate-partner-violence/about/index.html.
[2] Id.
[3] Martin R. Huecker, et. al., Domestic Violence, Nat’l. Libr. of Med. (last updated Apr. 9, 2023), https://www.ncbi.nlm.nih.gov/books/NBK499891/.
[4] Off. of the Att’y. Gen. and Couns. on Domestic Violence, Domestic Violence Fatality Review Commission (2024)
[5] Id. at 5.
[6] Id. at 6.
[7] Kathy Hochul, Rossana Rosado, Div. of Crim. Just. Serv. Crim. Just. Research Report (Mar. 2024).
[8] Id. at 9.
[9] Id.
[10]Id. at 10.
[11] Domestic Violence & Firearms, Giffords L. Cntr. (last visited Sept. 18, 2025), https://giffords.org/lawcenter/gun-laws/policy-areas/who-can-have-a-gun/domestic-violence-firearms/.
[12] Id.
[13] Id.
[14] Id.
[15] Joan Gerhardt, NY State Coal. Against Domestic Violence, Testimony of The New York State Coalition Against Domestic Violence to the Joint Budget Hearing Regarding Public Protection, Before the Joint Budget Hearing of the Senate Finance Committee and the Assembly Ways and Means Committee (2025).
[16] 18 U.S.C. § 922(g)(9).
[17]13 V.S.A. § 4017; 15 V.S.A §§ 1103(a), 1101(2).
[18] Gun Laws in Vermont, Everytown (2025), https://everytownresearch.org/rankings/state/vermont/.
[19] Id.
[20] Domestic Violence & Firearms In Vermont, Giffords L. Cntr. (last updated Apr. 15, 2024), https://giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-vermont/.
[21] N.Y. Crim. Proc. Law §§ 530.12(1), 530.14(1)(b), (2)(b).
[22] N.Y. Penal Law § 400.10.
[23] Gun Safety Policies Save Lives, Everytown (2025), https://everytownresearch.org/rankings/.

