The Buffalo Massacre Illustrates the Inherent Limitations of ‘Red Flag’ Laws

“A 2012 study that the Department of Defense commissioned after the 2009 mass shooting at Fort Hood in Texas includes an appendix titled “Prediction: Why It Won’t Work.” The appendix observes that “low-base-rate events with high consequence pose a management challenge.” In the case of “targeted violence,” for example, “there may be pre-existing behavior markers that are specifiable.” But “while such markers may be sensitive, they are of low specificity and thus carry the baggage of an unavoidable false alarm rate, which limits feasibility of prediction-intervention strategies.” In other words, even if certain “red flags” are common among mass shooters, almost none of the people who display those signs are bent on murderous violence.

Supporters of red flag laws prefer to ignore this problem. After a mass shooting in a state that has such a law, they argue, as in this case, that it would have worked if only it had been used properly. But the problem goes deeper than that. However you weigh the risk of preventable violence against the risk of taking away innocent people’s rights, this policy has inherent limitations that mean it is bound to fail”

Mass shootings typically lead to looser gun laws, not stronger ones

“Recent research finds that this seemingly perverse response — the use of a mass shooting as a justification for loosening gun laws and calling for more guns — is actually the norm in the United States. One study, published in the Journal of Public Economics in 2020, examined state legislatures’ policy responses in the wake of mass shootings — and found that they were heavily tilted toward lax regulation.”

America’s unique, enduring gun problem, explained

“In 2008, the Supreme Court effectively wrote NRA CEO Wayne LaPierre’s “good guy with a gun” theory into the Constitution. The Court’s 5-4 decision in District of Columbia v. Heller (2008) was the first Supreme Court decision in American history to hold that the Second Amendment protects an individual right to possess a firearm. But it also went much further than that.
Heller held that one of the primary purposes of the Second Amendment is to protect the right of individuals — good guys with a gun, in LaPierre’s framework — to use firearms to stop bad guys with guns. As Justice Antonin Scalia wrote in Heller, an “inherent right of self-defense has been central to the Second Amendment right.”

As a matter of textual interpretation, this holding makes no sense. The Second Amendment provides that “a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

We don’t need to guess why the Second Amendment protects a right to firearms because it is right there in the Constitution. The Second Amendment’s purpose is to preserve “a well-regulated Militia,” not to allow individuals to use their weapons for personal self-defense.

For many years, the Supreme Court took the first 13 words of the Second Amendment seriously. As the Court said in United States v. Miller (1939), the “obvious purpose” of the Second Amendment was to “render possible the effectiveness” of militias. And thus the amendment must be “interpreted and applied with that end in view.” Heller abandoned that approach.

Heller also reached another important policy conclusion. Handguns, according to Scalia, are “overwhelmingly chosen” by gun owners who wish to carry a firearm for self-defense. For this reason, he wrote, handguns enjoy a kind of super-legal status. Lawmakers are not allowed to ban what Scalia described as “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family.”

This declaration regarding handguns matters because this easily concealed weapon is responsible for far more deaths than any other weapon in the United States — and it isn’t close. In 2019, for example, a total of 13,927 people were murdered in the US, according to the FBI. Of these murder victims, at least 6,368 — just over 45 percent — were killed by handguns.”

“It is likely, moreover, that the Supreme Court is going to make it even harder for federal and state lawmakers to combat gun violence very soon.”

“The future of firearm regulation looks grim for anyone who believes that the government should help protect us from gun violence.”

Does California’s Latest Mass Shooting Show the Country’s Strictest Gun Laws Are Not Strict Enough?

“While these incidents supposedly underline the need for gun control, they simultaneously cast doubt on that argument, since California already has the strictest gun laws in the country.”

“California does have a relatively low rate of gun-related deaths: the seventh-lowest in the country, according to data from the Centers for Disease Control and Prevention. Its ranking is less impressive, however, when you focus on firearm homicides, which is what Everytown for Gun Safety ostensibly is talking about in this context. Based on data from 2010 through 2017, California’s gun homicide rate was middling: lower than the rates in 24 states but higher than the rates in 25 states, including many with looser gun laws.
If you want to make the case that California’s firearm restrictions have resulted in fewer homicides than otherwise would have occurred, you need to look at what happened after those laws were passed and compare it to what happened in otherwise similar places that did not enact such laws. The observation that “California continues to have one of the lowest rates of gun violence in the country” (if you include suicides) as legislators pass one gun law after another hardly shows those laws are working as advertised.”

“The converted handgun that police recovered after the shooting was stolen, which is not the sort of transfer that would be affected even by perfect compliance with a law requiring “background checks on all gun sales.” According to a 2019 study by the Bureau of Justice Statistics, just 10 percent of guns used in crimes were obtained from a “retail source” such as a gun store, a pawn shop, a flea market, or a gun show. Nine out of 10 were obtained from informal sources, including friends or relatives, the “underground market,” and theft.

It makes sense that criminals would prefer such sources, especially if they have felony records that disqualify them from legally possessing firearms.”

The case for requiring gun licenses

“the evidence on the effects of universal background checks and assault weapons bans is pretty weak. Several studies in recent years have found that universal background checks, at least on their own, don’t seem to have a big effect on gun deaths. Similarly, the research on assault weapons bans, including the national ban that Biden helped pass in 1994, found they have little effect on gun violence, largely because the vast majority of such violence is committed with handguns.

But there’s some solid evidence that a license system reduces gun deaths. A 2018 study from researchers at Johns Hopkins University found that universal background checks alone correlated with more gun homicides in urban counties, while license systems were associated with fewer gun homicides. Other studies have similarly found that license requirements lead to fewer gun deaths.”

“In Massachusetts, one of the few states with a license system, obtaining a permit requires going through a multi-step process involving interviews with police, background checks, a gun safety training course, and more. Even if a person passes all of that, the local police chief can deny an application anyway. That creates more points at which an applicant can be identified as too dangerous to own a gun; it makes getting and owning a gun harder.”