Tragic consequences

A missed opportunity in Maine

Mar 19, 2024

Since our last issue, some disturbing news has emerged from Maine, where Army reservist Robert Card carried out the worst mass shooting in the state’s history last October. A post-mortem analysis of Card's brain by Boston University's CTE Center has revealed evidence of severe brain damage that could have stemmed from his exposure to training blasts in the military.

The finding is consistent with a postmortem study on Ryan Larkin, a combat medic and instructor who taught Navy SEALs how to breach buildings with explosives. Larkin committed suicide in 2017; his brain showed a pattern of “scarring unique to service members who’ve endured repeated explosions,” according to NBC News.

Adding to the frustration, an independent commission reviewing the Card case just determined that the Sagadahoc County Sheriff’s Office had probable cause to start a “yellow flag” process, which allows a judge to temporarily remove an individual’s guns during a psychiatric health crisis. Five weeks before the shooting, law enforcement responded to reports that Card was suffering from such a crisis after he assaulted a friend and threatened to shoot up the local armory. But instead of moving Card into protective custody, no action was taken.

Red and yellow flag laws, otherwise known as Extreme Risk Protection Orders or ERPOs, only work if they’re properly enforced. As Police Chief Andy Mills of Palm Springs, California, notes in the Desert Sun:

“Based on threat management research, we can proactively take guns from those likely to inflict violence on others. California implemented Gun Violence Restraining Orders (GVRO). GVROs are a positive first step. These laws can take guns out of the hands of those likely to harm others. We know that taking guns from unstable people has prevented acts of mass violence in California. The police and courts must use them.” (emphasis added)

Red flag laws show promise in preventing suicides like Larkin’s or mass shootings like Card’s. At 97Percent, we’re focused on how to help states, communities, and individuals best use these laws to prevent a mental health crisis from spiraling into gun violence.

On the Hill

As homemade illegal firearms are increasingly contributing to gun violence across the U.S., Congress has reauthorized the Undetectable Firearms Act, aimed at preventing people from sneaking guns through security checkpoints into public spaces. Originally passed in 1988, the act requires that every gun include enough metal to set off X-ray machines and metal detectors. While security technology has largely evolved to detect nonmetallic threats, 3D printers and other emergent technologies could conceivably create firearms that are undetectable. The act will remain in effect until 2031.

A 3D-printed Beretta (Source: VoxelMatters)

In the Courts

The Ohio Supreme Court ruled this month that firing warning shots can be considered self-defense, overturning a lower court’s judgment that if an individual doesn’t aim a weapon at an assailant, they can’t argue self-defense in court. The Buckeye Firearms Association’s Rob Sexton had argued, “If you’re in fear for your life or trying to protect yourself or other loved ones from harm, a warning shot can be an element of self-defense.” In a 4-3 decision, three liberal justices and one conservative agreed. “Knowing that the High Court has agreed with that—even those that you would typically assume would not be necessarily pro-Second Amendment—makes a stronger case for future self-defense claims,” Sexton said.

We say: Common sense eclipses political ideology. Kudos to the Ohio Supreme Court for a balanced and fair decision.

In the States

More than 800 people have been killed by gunfire at K-12 schools in the U.S. over the last 60 years. Since 1997, there have been more than 1,500 shootings on school campuses, though most of the violence occurs in parking lots as the result of a dispute, rather than in classrooms. Nevertheless, high-profile, mass-casualty shootings at schools during this period have led some states to pursue legislation that allows arming teachers or other school personnel in defense. Most recently, an Idaho State Senate committee introduced a bill that would allow anyone with an enhanced carry license to carry a gun in school. And Utah Gov. Spencer Cox just signed a bill that encourages teachers to carry a gun or keep one in their classroom and provides annual training for teachers on how to defend classrooms against active threats.

We say: These bills are controversial because some people believe it is an unfair burden on teachers to expect them to engage in a firefight with an active shooter. But others believe schools that are gun-free make them a helpless target, and the presence of guns on campus will discourage potential shooters in the first place. What do you think? Let us know.

Here’s what some of you are saying…

I’m a firearms owner and want to lower the number of firearms-related homicides and suicides. I can appreciate your efforts even though I may not agree with everything your organization proposes. One thing I’d like to hear more from your and similar organizations is an acknowledgement that handguns are used in the overwhelming number of mass killings (4 or more people killed in an incident). Make it clear that if reducing “gun violence” is the aim, be truthful about the role handguns play in the day to day violence that doesn’t make the national news.

AR-15s and similar semiautomatic firearms are vilified as the evil “weapons of war” that need to be banned, but they don’t do the most harm. Granted, when they are used, like in Maine, they make the news, and the accompanying reporting adds to the fear and misunderstanding surrounding them. Millions of people own them and don’t use them to kill and slaughter. I believe that if an “assault weapons ban” were passed, it would not stop someone intent on harming others. They would use a handgun. —Kenton D.

I am a lifelong gun owner who believes deeply in the Second Amendment. I also believe just because you can own a gun, it doesn’t mean you should. As a member of 97Percent, I believe we have a long road ahead of us toward changing the gun culture in our country. First step is with the 535 members in Congress to step up and address the gun violence issue. The next step is for Americans to get behind our leaders to make a positive change. —Bob G.

I am a gun owner who doesn’t want to see certain guns taken away, and who would love to see other guns taken away. We do not need high-capacity magazines, bump stocks, or rapid-fire guns, which are essentially machine guns! These are not for hunting or even household defense. These devices are basically intended for killing people. They are basically weapons of war.

The fantasy that an unorganized, relatively unsupported, individual armed “force” could be effective against the U.S. military is ludicrous! When will we stop talking about this fantasy? This undiscussed, subterranean reason allows the overprotection of the Second Amendment. It is a justification for massive personal stockpiles of weapons. The blockage and subversion of rational, protective legislation holds other Americans hostage. —Eileen M.

I am in favor of so-called red flag laws in principle. What worries me is that there are unscrupulous people out there who will use this as a weapon against someone they dislike; witness the current situation with swatting, for example. Timeliness is very important, so who do we trust to make the decision as to whether to seize someone’s firearm? And quickly?

When the government takes away something mistakenly, it’s very time-consuming and sometimes costly to get it returned. And if a gun is seized and the information that led to the seizure is determined to be false, what then? How do you go about righting the wrong done to that person? —Peter T.

I live in Massachusetts and am a licensed gun owner. The Massachusetts Senate ghost gun bill contains mostly redundant laws, since you need a license to own or buy any firearm in the state. There are no exemptions for licensed gun owners, so now I would be a criminal if I built my own gun. Also, the text is very vague around CNC machines and 3D printers to the extent that a prosecutor could argue that any machine breaks the law. Machine gun conversion devices are already illegal, both federally and on the state level.

While this bill is “less bad” than the House bill, it still only affects licensed gun owners, since possession of a firearm without a license is already a crime. These bills are written by people who don't understand firearms, people who want to ban essentially all private firearm ownership, or both. —Kyle K.

The most sensible and practical ways to reduce gun violence in our nation, including the best way to reduce the number of military-style weapons (without any direct gun grabbing), are in a book entitled “Half Mast Nation.” —Rich Cardillo, author, veteran, and gun owner

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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