“At the heart of the case was the question of whether the discretion that New York placed in the hands of local licensing officials was consistent with how constitutional rights are typically treated in the American system. New York’s licensing scheme failed that test. “We know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need,” Thomas wrote. “That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.””
“The decline of motor vehicle deaths in America over the past two decades is part of a broader trend that began in the 1960s. Ralph Nader’s seminal 1965 exposé, Unsafe at Any Speed, catalyzed an auto safety movement that culminated in the creation of the National Highway Traffic Safety Administration (NHTSA), which set up the infrastructure for automobile safety.
From the 1970s onward, the NHTSA would maintained a database on motor vehicle-related deaths, make research investments, and provide safety certifications for cars on the market, incentivizing auto companies to adopt safety procedures. The work of the NHTSA and civil society groups like the Insurance Institute for Highway Safety helped usher in a new era where safety features like seat belts and airbags became standardized. All of this, along with measures like universal state licensing of drivers and registration of cars, led to the decline in youth and overall American motor vehicle mortality. The CDC would eventually tout this decline as one of the country’s biggest public health achievements of the 20th century.
And as Lee recounts in the NEJM article, that progress continued into the 21st century. In 1998, frontal airbags became mandatory in all cars and trucks sold in the US. Other improvements like automatic emergency braking, blind-spot detection, side airbags, and rear-facing cameras also contributed to an improved auto safety landscape. “What we’ve seen is more than a half-century of efforts to make the automobile safer,” said Mitchell Moss, a professor of urban policy and planning and director of the Rudin Center for Transportation at New York University.
If cars went one way with safety, guns went the other. Guns are one of the only consumer goods whose safety is not regulated by any government agency. Gun manufacturers are also very insulated from lawsuits, and perhaps consequently, have little incentive to design safer guns, such as “smart guns” that would only be operable by the users they are registered to. As Moss said, “We really have a Wild West approach to the manufacture of weapons in this country.””
“Florida’s Republican-controlled legislature passed a law, later signed by Republican Gov. Rick Scott, that raised the age to buy long guns, including AR-15-style rifles, from 18 to 21; required a three-day waiting period between when a firearm is purchased and when the buyer can get access to that gun; allowed trained school staff to carry guns; and put $400 million toward mental health services and school security.
It also created an extreme risk law, or “red flag law,” that can bar individuals who are believed to pose a danger to themselves or others from possessing firearms — a measure that has gotten increasing attention in the wake of the recent streak of mass shootings as a policy solution that could draw bipartisan support nationally and in other states.”
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“Florida’s red flag law allows the police to petition a judge for what’s called an “extreme risk protection order,” which can temporarily bar an individual from having a gun for up to a year. Police have to provide evidence that the individual poses “significant danger” to themselves or the public, which can include recent violent acts or threats of violence. If the individual continues to pose such a danger after one year, police can seek a one-time extension for another year.”
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“Florida’s red flag law has been identified as a potential model for other red states. But at the moment, it doesn’t seem as though there is a critical mass of Republicans who are interested in enacting red flag laws in states that don’t already have them. That’s true even in Texas and Oklahoma, where Republican lawmakers haven’t budged in the wake of the Uvalde and Tulsa shootings.”
“Even once you identify some details that many of the attackers have in common, such a large swath of the population shares these traits that the “profile” is fairly useless for prevention. Red flag laws circumvent that problem by focusing less on a type of person and more on a type of emotional and situational crisis — where the people involved aren’t necessarily “bad guys” but troubled individuals in need of help. Gill thinks of it as a public health approach, analogous to the way we treat physical health problems that are hard to profile.
“We know that raised cholesterol leads to heart problems. We don’t have the ability to predict who in the general population who already has raised cholesterol will go on to have a heart attack. So we put in place prevention policies to try to decrease cholesterol in the whole ‘at risk’ community,” he said.
For the researchers who study mass violence, what’s appealing about red flag laws is that these rules have the potential to shift the emphasis from a cut-and-dried checklist of dangerous traits to a more nuanced system that accounts for a person’s big-picture emotional state.”
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“these researchers supported red flag laws because they could create a clear plan of action for friends and family concerned about a loved one’s combination of emotional crisis and violent threats. It creates a place to take concerns, a system to evaluate those concerns and a means of mitigating them. That’s particularly true, researchers said, if national red flag laws are set up so that the system isn’t punitive. Ideally, the process would focus on helping a person get through to the other side of an emotional crisis rather than putting them in jail. It’s also important, the researchers said, to make sure the laws are focused on professional evaluations of overall behavior, not checklists.”
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“there’s some evidence this could work. An analysis of records from California, where one of the first red flag laws was enacted in 2016, found at least 21 cases where the laws had been used specifically because people around a person were worried about their potential to commit a mass shooting. As of 2019, none of those people had followed through on that potential. It’s impossible to know, however, how those risks would have played out if the red flag hadn’t been there.
But if those parts work together the way they should, then red flag laws really could be a useful tool for combating the segment of mass shootings that function like very public, violent suicides. “There’s an important piece when we interviewed school shooters and active threat cases,” Randazzo said. “They feel very strongly about two things: They have to carry out the violence, they have no options left, but they also don’t want to do it and hope someone will stop them.””
“The New York Times reckons that four gun control measures Congress is considering “might have changed the course of at least 35 mass shootings” since 1999—one-third of attacks in which a gunman killed at least four people. While that conclusion is excessively optimistic, the newspaper is at least asking the right question: Are new restrictions on firearms likely to work as advertised?
President Joe Biden, by contrast, simply assumes the wisdom of the policies he favors and the bad faith of anyone who opposes them. “The issue we face is one of conscience and common sense,” he insisted last week, implying that skeptics lack one or both.
Among other things, Biden wants Congress to require background checks for private gun transfers, which means such transactions must be completed through a federally licensed dealer. The Times found that four of the mass killers in the 105 cases it examined bought guns in private transactions.
One of those perpetrators had already failed a background check. One of the other three, the Violence Policy Center reports, “legally bought” a pistol from a gun shop. According to a 2013 review in The Atlantic, it is not clear whether either of the two other killers had disqualifying criminal or psychiatric records.
In at least one case out of 105, then, an expanded federal background-check requirement might have been an obstacle. But that’s assuming private sellers generally would comply with that mandate, and data from states that notionally require “universal background checks” suggest such rules are widely flouted.
The Times found that at least 20 mass murderers used magazines that held more than 10 rounds. The 1994 federal “assault weapon” law, which expired in 2004, prohibited the production and sale of such magazines, and Biden wants Congress to renew that limit.
Even if we assume that the need to switch magazines after firing 10 rounds can make an important difference in mass shootings, the effectiveness of a ban is doubtful. A 2004 report commissioned by the Justice Department found that the 1994 ban had no measurable impact on the use of “large capacity magazines” in crimes, probably “due to the immense stock of exempted pre-ban magazines”—a stock that is even bigger now than it was then.
In 10 of the 105 mass shootings analyzed by the Times, the perpetrators used stolen guns. The paper suggests “safe storage” legislation backed by Biden might have made a difference in those cases.
One such bill would establish a $500 fine for gun owners who fail to secure their weapons in circumstances where a minor “is likely to gain access” to them or in households where a resident is legally barred from possessing firearms. If a minor or prohibited person uses an unsecured gun to injure or kill someone, the owner would face up to five years in prison.
The bill also would provide grants aimed at encouraging states to establish and enforce similar requirements. The idea that such laws could prevent would-be mass shooters from obtaining firearms assumes wide compliance and a lack of alternative sources, both of which are debatable assumptions.
The Times says “four of the gunmen might have been stymied” by a law prohibiting federally licensed gun dealers from selling semiautomatic centerfire rifles that accept detachable magazines to anyone younger than 21. That bill, which Biden also supports, avoids the arbitrary distinctions drawn by “assault weapon” bans, which target guns based on functionally unimportant characteristics.
Since the bill does not apply to private transfers, however, adult buyers younger than 21 could still legally obtain semiautomatic rifles. Furthermore, a federal appeals court ruled last month that prohibiting young adults from buying such firearms because a tiny fraction of them might commit violent crimes was inconsistent with the Second Amendment.
Before deciding whether to support policies like these, legislators should rationally weigh their costs and benefits, including their constitutional implications. Biden prefers a different approach, replacing logic and evidence with self-righteous certitude.”
“In 2019, New York enacted an extreme risk prevention law, otherwise known as a “red flag law,” that can bar individuals who are believed to pose a danger to themselves or others from possessing firearms. New York state police decided not to invoke that law against the Buffalo shooter, who didn’t have a previous criminal record, but had made serious threats of violence. On Wednesday, Hochul issued an executive order requiring police to do so going forward.”
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“She also called on the state legislature to pass bills that would require police to report guns associated with crimes within 24 hours and mandate that semiautomatic pistols sold in New York be microstamped so that law enforcement can link cartridges found at crime scenes to the gun that fired them. And she announced the creation of a dedicated domestic terrorism unit within the state police, along with efforts to investigate social media companies that have provided platforms for hate speech.
The goal is to ensure that people like the Buffalo shooter don’t fall through the cracks again. When the shooter was 17, he said that he wanted to commit murder-suicide at his high school. He was required to undergo a psychological evaluation and referred to police, who decided not to take further action for reasons still unknown. So when he turned 18, there was nothing preventing him from legally purchasing a weapon. And he did. The weapon he used in the shooting was purchased from a store in Endicott, New York: a Bushmaster semiautomatic rifle that he illegally modified to increase its capacity.
Under New York’s red flag law, that never should have happened.”