Mass shootings don’t have to happen
Mass shootings don’t have to happen
The promise of red flag laws
These days, when Americans express serious concerns about gun violence, they’re often referring to a very specific type—mass shootings. The seemingly random public outbursts of intense violence understandably cause a sense of horror and uncertainty that is felt equally by Americans across the board, including gun owners.
And with good reason. Since our last issue, the shooting in Perry, Iowa, claimed another victim, as the principal who shielded students from gunfire during a mass shooting at his school on January 4 passed away. Schools shouldn’t be dangerous. Neither should churches, dance halls, grocery stores, airports, bowling alleys, or bars, especially when there was a chance such danger could have been prevented.
97Percent’s research has shown that gun owners are largely receptive to red flag laws, also known as Extreme Risk Protection Orders (ERPOs), with due process, as a means to decrease mass shootings, as well as suicides and incidents of domestic violence. As Philip Courtney Hogan, founding member of Americans for Common Sense Gun Laws, writes in The Dallas Morning News:
“Several studies by behavioral scientists have shown that mass murderers commonly make their intentions known. Various studies have found that these warnings occur in anywhere from 44% to 93% of cases. But ERPOs work against those intentions. One study of California’s red flag laws showed that, ‘In 21 orders, the subject showed clear signs that they intended to commit a mass shooting and after the orders were issued, no mass shootings, suicides, or homicides occurred.’”
This past week, the 2022 mass shooting at Robb Elementary School in Uvalde, Texas, was back in the news. A Department of Justice report found a ‘most significant failure’ with the police response, which a special grand jury, convened by the Uvalde district attorney’s office, will investigate. This unprecedented action is critical for accountability purposes and for improving law enforcement procedures in future active shooter events.
Yet, we have tools to help prevent these events in the first place. The many factors that lead to mass shootings must, of course, be addressed, but in the meantime, red flag laws take weapons out of the equation. As Eric Ruben, a professor at Southern Methodist University Law School, says, “[T]hese laws, though not perfect, might be able to prevent some of these horrific shootings. And people need to get educated on how to invoke them when there are red flags.”
In the Courts
Among the gun rights cases on the U.S. Supreme Court docket this year is the Illinois assault weapons ban. The court already denied an appeal of the law presented by Illinois State Rep. Dan Caulkins last month, but that’s not the end of the story. Still waiting in the wings is a second challenge to the law from the National Association for Gun Rights, which argues more broadly than Caulkins’ appeal that the ban violates the Second Amendment of the U.S. Constitution. The appeal is expected to be taken up by the high court in 2024. Also making its way through the courts is a challenge to a similar ban in Maryland. The 4th U.S. Circuit Court of Appeals will hear that case in March.
We say: We look forward to hearing the outcome of these cases, as they could have major ramifications for gun policy across the nation, including in states like Pennsylvania, which is considering such a ban. See more details below.
More in the courts:
Ban on guns in post offices is unconstitutional, U.S. judge rules —Reuters
Gun silencer regulations are held valid under Second Amendment —Bloomberg Law
An Oregon judge finalizes his order striking down a voter-approved gun control law —OPB
Pennsylvania can't stop young adults from openly carrying guns during emergencies, U.S. court rules —Associated Press
Republican lawmakers side with NRA in free speech lawsuit before Supreme Court —Washington Examiner
U.S. appeals court to reconsider Maryland handgun licensure law —Reuters
In the States
Five pieces of legislation passed the Pennsylvania House Judiciary Committee this month, including bans on assault weapons, bump stocks, 3D-printed guns, and gun parts without serial numbers, as well as a measure to speed the reporting of mental health records for background checks. Two other gun safety measures passed the full Pennsylvania House last May with bipartisan support, including a red flag law and a bill that would require background checks to buy rifles and shotguns. A full House vote likely won’t come for months on the newer tranche of bills, as the chamber is currently deadlocked after the resignation of a Democratic lawmaker. If they clear the House floor, however, they face an uncertain future in the state Senate, as the earlier measures didn’t even get called up in committee.
We say: We’re all for the bipartisan measures passed last spring, which would expand background checks and allow the family members of people at risk of harming themselves or others to petition a judge to order them to surrender their firearms. We urge the Pennsylvania Senate to at least debate the merits of these bills in committee. We’re less enthused about legislation that bans certain types of firearms, as it tends to spur litigation over Second Amendment concerns, rather than make a more immediate impact on curbing gun violence.
More in the states:
Which states could vote on gun-related 2024 ballot measures? —The Trace
Democratic AGs from 20 states call for crackdown on civilian sale of popular AR-15 ammunition —The Reload
States begin tapping Medicaid dollars to combat gun violence —Governing
Alaska: Borough urges residents to get ammo and arm themselves —The Western Journal
California: San Jose Police now charging more than $1,300 for gun-carry permits —The Reload
Florida: Bill creating right to bear arms against bears advances in the state Senate – 104.5 WOKV
Illinois: Lawmakers inch closer to finalizing rules around assault weapon registration —WTTW
Indiana: Bill could prevent local governments from suing gun manufacturers —95.3 MNC
Maryland: Gov. Wes Moore proposes first state-level gun violence prevention center —The Washington Post
Michigan: Here's a look at the new gun laws taking effect in February —WXYZ
New Mexico: Gov. Grisham unveils bills that ban assault weapons and raise age to possess a gun —Albuquerque Journal
North Carolina: Experts explain how gun laws, concealment practices can save lives —WNCT
Ohio: Study shows impact of permitless carry law —Spectrum News
Texas: State Senator Roland Gutierrez repeats call for assault weapons ban in wake of Uvalde report –Houston Public Media
Virginia: Both parties want new gun laws. Just different ones —Cardinal News
Washington: Five gun control bills to watch —Axios
Wisconsin: Lawmakers hear testimony on Republican bills expanding rights to carry guns, other weapons —WPR
What qualifies as a mass shooting?
That depends on whom you ask. The FBI defines a “mass shooting” as any incident in which at least four people are murdered with a gun. Notably, this definition requires that victims die in order for an incident to be considered a mass shooting.
The Gun Violence Archive, a nonprofit organization that collects data on gun violence and mass shootings in the U.S., defines a mass shooting as “a minimum of four victims shot, either injured or killed, not including any shooter who may also have been killed or injured in the incident.”
The USA Today network, which includes dozens of local news outlets around the U.S., defines a mass shooting as “an incident where at least four people are hit with gunfire, even if there are no fatalities.”
Regardless of the precise definition, we can all agree that there have been far too many mass shootings in America. (Source: The Kansas City Star)
Red flag laws have the potential to stop mass shootings
“The best evidence supporting gun violence-reducing effects is for legislation that places limits on who can access firearms, or that restricts the conditions of access to them.” —Graham Ousey, sociology professor at the College of William & Mary
“[W]e will never find ways to chip away at the heartbreaking toll of gun deaths if our government leaders’ response does not go beyond thoughts and prayers. What do we have to lose by bringing together the best minds to look for middle-ground steps forward?” —Randy Evans, executive director of the Freedom of Information Council
Do you have a comment about any of these critical issues? Do you have a story to share? We’d love to hear from you. Please include your first name and state, and we may publish it in a future issue. Thank you for reading!
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To me, it appears as though the police department slowed the response deliberately in an attempt to scare minority communities to lean right. It backfired though because of bodycams footage. I sincerely hope that these parents get the support they need to heal and the criminals are charged with dereliction of duty and homicide. They all had on full body armour for Gods Sake, what am I missing?