Red flag laws get a boost
Study shows they help prevent suicides
A new study published in The Journal of the American Academy of Psychiatry and the Law shows that Extreme Risk Protection Orders (ERPOs), otherwise known as red flag laws, are effective in preventing suicide by firearm. According to The Trace, the analysis found that for every 17 times an order removed guns from people who presented a risk of harming themselves or others, one potential suicide death was likely prevented. When orders involved someone with a known suicide risk, the number increased to one suicide prevented for every 13 orders.
“Extreme Risk Protection Order laws enable law enforcement, and sometimes other relevant parties, to petition a judge for an order temporarily barring people who may pose a danger from having firearms. The analysis examined risk orders for more than 4,500 people in California, Connecticut, Maryland, and Washington—and researchers were careful to note that application of the law likely varied across states and local jurisdictions. …. [The] study suggests that these laws can go a long way: Though guns are involved in a relatively small proportion of suicide attempts, survivability is low.” —The Trace
This is promising news, but only 21 states have red flag laws on the books. And even among those that do, disparities in enforcement mean use and efficacy vary widely from state to state, as we reported earlier this year in the 97Percent study “Empowering Enforcement.” Unfortunately, it’s a common problem across firearm relinquishment laws. A University of Michigan study has found that a lack of specificity and enforcement mechanisms in state and federal laws prohibiting firearm possession in cases of domestic violence also result in uneven requirements and enforcement.
There’s still plenty of work to do before these laws reach their full potential and maximize their protective intent.
Save the date!
Please join 97Percent Board member Pierre Atlas for a webinar on September 19!
“American Exceptionalism and Guns: Comparing Gun Rights and Gun Violence in the U.S. and Other Democracies”
In his talk and audience Q&A, Dr. Atlas will address the meaning of “American Exceptionalism,” the roots of gun culture in the U.S., and how American gun culture is a characteristic of American Exceptionalism. He’ll also discuss how America’s gun rights and gun violence statistics compare to other advanced democracies. Please join us for this insightful and thought-provoking discussion!
On the Hill
The final night of the Democratic National Convention last week included a lineup of survivors and family members of victims of violence involving firearms. Kamala Harris is uniquely positioned to campaign on the issue, as she was tasked as vice president with overseeing the first-ever White House Office of Gun Violence Prevention. She was also instrumental to the passage of the Bipartisan Safer Communities Act, which provided funding to states to enact red flag laws and allocated billions for mental health services for youth.
Her running mate, Minnesota Gov. Tim Walz, is an avid hunter, but as governor, he signed a red flag law and bills that require background checks for all private gun sales and increase the penalty for straw purchases of guns, as when a person buys guns for the express purpose of helping someone get a gun when they are not legally allowed to. —South Carolina Daily Gazette
More on the Hill:
Stefanik introduces bill to bar states from requiring some safety measures on firearms —The Malone Telegram
In the Courts
A U.S. appeals court has ruled that a Texas gun owner using marijuana cannot be prosecuted under federal law, finding it unconstitutional to disarm her based on past drug use. The New Orleans-based 5th U.S. Circuit Court of Appeals ruled on Wednesday that the prosecution violated Paola Connelly’s Second Amendment right to keep and bear arms, referencing the 2022 Bruen decision that broadened gun rights. —Forbes
We say: We agree with the court’s decision in this case, as Connelly was not under the influence when the firearms were found. However, we believe the law should remain valid when someone is actively intoxicated and carrying a weapon.
More in the courts:
U.S. appeals court rules Missouri can’t block federal gun laws —Springfield News-Leader
Court upholds gun ban for migrants in U.S. unlawfully —Reuters
Courts issue conflicting gun control rulings despite Supreme Court guidance —Washington Examiner
In the States
Ghost guns, which are homemade or 3D-printed firearms without serial numbers, will be banned across Oregon starting September 1. The unserialized guns are assembled at home and can be easily purchased online, but they can’t be traced and often can’t be picked up by a metal detector. The prohibition comes after a federal judge denied a legal challenge that tried to block the legislation, which passed in 2023. All firearms manufactured after October 22, 1968, as well as unfinished frames and receivers, must be serialized. Anyone who violates the new law could face fines or even jail time for repeat offenses. —OPB
We say: We’re glad Oregon has joined up with 15 states that now have ghost gun laws on the books. For owners of ghost guns and components in the state, they can comply with the new law by taking firearms, frames, and receivers to a federally licensed gun dealer for serialization.
More in the states:
U.S. schools employ gun-sniffing dogs to curb violence—and bring students joy —The Guardian
Arizona: Tucson Police Chief calls for red flag laws to be passed amid recent violence involving guns —KVOA
Hawaii: Hawaii loosens strict weapons laws after SCOTUS ruling —TIME
Massachusetts: Mass. just expanded its red flag law. New data suggests that it works —MassLive.com
Tennessee: Democrats push new legislation that targets firearms and vehicles —WSMV
Tennessee: Republican leaders threaten to withhold funds as Memphis preps to put guns on the ballot —ABC News
“Americans love their guns. But Tamori Morgan was found with an AR-15-style machine gun with a ‘Glock switch’—a device that easily allows a semiautomatic handgun to be used as an automatic, according to court documents. These modified weapons do not belong on our streets. There is a reason there are laws banning the import of such dangerous devices.” —The Kansas City Star Editorial Board
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!
For more information about 97Percent, please visit our website at 97Percent.us.
Join our growing community of gun owners and non-gun owners united to reduce gun deaths in America.
In noting registration for 9/19 zoom talk, what is ICWA?
Gun laws that protect people from being killed at school, houses of worship, grocery stores, fast food drive ups, walking on a sidewalk, standing in their yard, knocking on the wrong door (by mistake) — do not violate the Second Amendment right to possess a gun. Keeping guns away from people with suicide ideation is keeping them from making a permanent decision. Violent people who assault others don’t need guns either. (Domestic violence offenders.)
Most Americans— referenced by the research — support gun laws but understand the rights as evidenced in the Second Amendment to own a gun.
When the children at Uvalde were murdered, the assault weapon destroyed many little faces. They had to be identified by their dental records.
Assault rifles are military weapons. They are not even hunting weapons because they destroy the animal.
So, a logical solution to the violence in America is to begin with common sense gun laws that recognize what millions of Americans want. Safety.