We’re encouraged that the U.S. Supreme Court justices appear to agree with our amicus brief in U.S. v. Rahimi. While a final ruling in the case won’t come until June, they seem inclined to uphold the legality of a federal law that makes it a crime for those accused of domestic violence and subject to a domestic violence protective order (DVPO) to have guns. This would be the right decision. A new federal policy review led by the University of Michigan demonstrates that DVPOs are associated with reductions in intimate partner homicides, and therefore serve as a critical tool for reducing gun deaths.
However, enforcement is key. There are numerous examples of lax enforcement of laws that bar domestic abusers and others from owning guns, leading to tragedy. We believe not only in laws that assure that guns stay out of the hands of dangerous individuals, but also in the proactive and uniform enforcement of these laws, which is why we’re glad to see some states taking a second look at their red flag laws—or lack thereof.
Many shooters talk about their plans or raise alarms with family and friends, and interventions in those cases can be life-saving. Our research has found that if red flag laws incorporate due process provisions like a timely trial and the subject being able to present evidence, support for these laws among gun owners is as high as 81 percent. More broadly, about 70 percent of Americans favor red flag laws that allow law enforcement to temporarily remove guns from people deemed a risk to themselves or others, according to an Associated Press/NORC poll. Bipartisan gun control legislation signed by President Biden last year was meant to encourage states to pass such laws, but so far, only two states (Minnesota and Michigan) have enacted them, joining 19 states that already had them in place.
The mass shooting in Lewiston, Maine, on October 25 seems to be changing that trend. After Maine’s yellow flag law failed to prevent the shooting, states including Arizona, New Mexico, and Pennsylvania are looking to institute or tighten red flag laws. In Maine, the mass shooting has led to serious questions about the efficacy of the state’s mental health care system as well, and an independent commission has been established by the governor to investigate the failures that led to the tragedy.
This is exactly what needs to happen to prevent the next Lewiston, and will ultimately be more effective than kneejerk reactions that would violate the Constitution.
On the Hill
More than 60 mayors from cities across the country have signed on to a letter demanding that House Speaker Mike Johnson move forward to reinstate a federal assault weapons ban. The civilian use of assault weapons was previously prohibited in the U.S. from 1994 to 2004, and President Biden, who was then a senator, backed the ban. Speaker Johnson, however, is unlikely to consider the request. “At the end of the day, the problem is the human heart. It’s not guns,” he said during a recent Fox News interview. “It’s not the weapons. At the end of the day, we have to protect the right of citizens to protect themselves, and that’s the Second Amendment.” If an Illinois state assault weapons ban makes it to the U.S. Supreme Court, that may provide some finality to the matter.
We say: Since the assault weapons ban expired nearly 20 years ago, legislation focusing on guns and gun accessories—however well-meaning—has been largely ineffective, with laws tied up in courts and little progress made. Our research shows that background checks, red flag laws, and similar measures are more effective at reducing gun deaths and garnering support from both non-gun owners and gun owners.
More on the Hill:
‘Nationwide gun emergency’ discussed by U.S. House Democrats at roundtable meeting —Wisconsin Examiner
In the Courts
The 5th U.S. Circuit Court of Appeals has ruled that the Biden administration lacked authority to adopt a regulation that prohibits privately made firearms called “ghost guns” that are difficult for law enforcement to trace. That could mean legal challenges are forthcoming for ordinances such as the one that just passed in Omaha. Meanwhile, a federal judge has blocked the ATF from enforcing a ban on AR-15 style “pistols” equipped with arm braces, calling the agency’s new rule unlawful.
We say: These decisions are consistent with our research, which has found that laws regulating the weapon vs. who has access to it are less likely to stand up to constitutional scrutiny.
More in the courts:
Judge allows Colorado gun-reform law to stay in place during challenge —Denver Post
Chicago judge rules statute barring felons from having guns unconstitutional, citing Supreme Court’s Bruen decision —ABC7 Chicago
In the States
As a Virginia case highlights the importance of parental responsibility with regard to guns, one Ohio congresswoman is trying a new approach: Creating tax incentives for parents to buy gun safes for their firearms. Rep. Marcy Kaptur is introducing a bill to subsidize gun safes for parents or guardians of children. It would create a $300 tax rebate for parents who buy a firearm safety device, such as a gun safe or gun lock. In Pennsylvania, the state House has advanced two bills out of committee aimed at discouraging parents from allowing minors to have access to their firearms by adding new storage requirements for homes with children and opening up shared liability for gun violence.
We say: We applaud this kind of creative, safety-focused thinking, which is likely to gain the support of gun owners and non-gun owners alike. Our research suggests that the most effective law to prevent unintentional gun injuries is not one that mandates the way guns must be stored, but one that creates liability for the negligent storage of firearms if a minor gains access to a gun and uses it.
More in the states:
California background check delay latest front in gun laws war —Bloomberg
First draft of Indiana gun control bill introduced, Second Amendment lawyer says it’s ‘dead on arrival’ —Fox 59
Ohio Second Amendment ‘sanctuary’ measure cleared for the House floor —Ohio Capital Journal
Why are background checks currently less effective than they could be?
It’s all about reporting. The requirements for reporting individuals considered at high risk of violent behaviors vary dramatically from state to state, and according to a JAMA Health Forum study, the national system for background checks suffers as a result. For example:
In a scenario where an individual has a court-ordered involuntary psychiatric commitment, only 39 states require reporting to the National Instant Criminal Background Check System (NICS).
In a scenario where an individual is court-identified as mentally incompetent to manage their affairs, only 13 states require reporting to the NICS.
In a scenario where an individual is placed on a short-term emergency psychiatric hold, only two states require NICS reporting.
Five states and Washington, D.C., have no legislation explicitly requiring NICS reporting in any of the three scenarios.
While those with mental illness generally are not more likely to be violent, certain mental health conditions could indicate an individual is at higher risk of perpetrating violence toward themselves or others. (Source: Axios)
“I’m a gun owner. I know the sheriff is a gun owner. I know gun owners who recognize and understand there are people who have access to weapons that are dangerous or mentally unstable. Most gun owners don’t want to have weapons accessible to those people.” —New Mexico Attorney General Raúl Torrez urging lawmakers and Gov. Michelle Lujan Grisham to consider changes to the state’s current red flag law
“We must find balance. We must protect the Second Amendment, but mightily defend life, liberty, and the pursuit of happiness for our people. And we can. Safety and responsibility is the right place to start. … There are policies that can simultaneously uphold the Second Amendment, promote responsible gun ownership, help prevent guns from getting in the wrong hands, and most importantly, help protect the rights of our children to life, liberty, and the pursuit of happiness.” —Gun owners Michael Bass and Prentiss Nelson—both former U.S. Marine Corps captains, with multiple combat deployments to the Middle East—of Voices for a Safer Tennessee
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