New York’s restrictive gun laws didn’t stop the Buffalo shooter

“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.”

“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.”

Pro-gun rights lawmakers want to arm teachers, but there’s little evidence these programs work

“There is no evidence supporting arguments from pro-gun rights lawmakers that training and equipping teachers with guns will make students safer. A 2019 study by researchers at the University of Toledo and Ball State University reviewed 18 years of US school security measures — including placing more armed teachers in school — and found no evidence of reduced gun violence.

Denise Gottfredson, a criminologist at the University of Maryland, called the policy of arming school personnel “ill-advised.” Beyond substantial research linking gun accessibility and increased gun violence, firearms brought into school by educators “might be fired accidentally, the teachers who carry them might deliberately use them for unintended purposes, and, even more likely, the guns might end up in the hands of students,” Gottfredson told Reuters.”

“The US is not the only country in the world where mass shootings have happened, but it is unique in how frequently these mass shootings occur within its borders.

In his widely-cited 2016 study, Adam Lankford, a professor at the University of Alabama, analyzed data on global mass shootings between 1966 and 2012 and found that 31 percent of perpetrators in mass shootings worldwide during that time were American.

Adjusting for variables, Lankford also found that a country’s rate of gun ownership correlated with the odds of it having mass shootings. When it comes to gun ownership, the US is practically in a league of its own: the US population only makes up less than 5 percent of the global population yet Americans account for about 45 percent of the world’s gun ownership. It is estimated that US civilians own a total of 393 million firearms — meaning there are more guns in civilian hands than people.”

What’s in the Senate’s new gun control bill

“Under the legislation, $750 million would be allotted over the next five years to help states implement red flag laws, which allow authorities to temporarily confiscate guns from individuals deemed a threat to themselves or others. (Similar laws already exist in 19 states and the District of Columbia.) The legislation allows for the implementation of these programs through mental health, drug and veterans’ courts.

Republicans involved in the negotiations pushed to make sure no one is flagged without “the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses,” as well as a right to bring counsel to the hearing.

“Under this bill, every state will be able to use significant new federal dollars to be able to expand their programs to try to stop dangerous people, people contemplating mass murder or suicide, from being able to have access to the weapons that allow them to perpetrate that crime,” Murphy said in a floor speech.”

“While spouses, co-parents or cohabitating partners convicted of domestic violence are already banned from purchasing firearms, abusers in relationships between people who are not married and live separately are still able to purchase guns, creating the so-called “boyfriend loophole.” (According to Everytown, a gun safety advocacy group, about 70 women are shot and killed by an intimate partner every month.)

Under the new legislation, anyone convicted of domestic violence against a former or current dating partner would be banned from purchasing a weapon.”

“The legislation calls for an expansion of background checks into buyers under 21 years of age, providing three business days for the check into their criminal and mental health history to be completed. If that background check finds something questionable in a potential buyer’s record, the legislation would provide for an additional seven business days to look into the buyer.”

“The bill provides funding for expanding access to mental health services, including making it easier for Americans on Medicaid to use telehealth services and work with “community-based mental health and substance use disorder treatment providers and organizations.” And it would provide additional funding for the national suicide prevention hotline (since guns accounted for a majority of suicide deaths in 2020) while schools would receive funding to increase the number of staff members providing mental health services.”

“The bill also provides $300 million for the STOP School Violence Act for increased security at schools, although some Democrats had expressed concern about this aspect of the bill.”

“The legislation would also require more sellers to register as “Federally Licensed Firearm Dealers,” including anyone who sells guns to “predominantly earn a profit.” These sellers would in turn be required to run background checks on potential buyers and keep records of the sales.

The bill would also impose penalties on “straw” purchasers who buy guns for people who can’t pass a background check.”

Gun safety deal puts Cornyn’s Republican cred on the line

“Cornyn hoped to get as many as 20 Republican votes for his legislation, which would enact new enhanced background checks on people younger than 21, grant states money for red flag laws and crisis intervention and close a loophole on domestic abusers’ firearm access. On Monday the vast majority of the conference voted against advancing the legislation, with 14 Republicans voting to advance the legislation and supportive Sen. Pat Toomey (R-Pa.) absent.”

“Faced with a chorus of boos and a rebuke from the Texas GOP over the weekend, Cornyn got a taste of what the reaction could be on the right for Republicans who vote for the Senate’s bill designed to curb mass shootings in America. What’s more, on Monday evening the NRA announced opposition to the package crafted by a quartet of senators that includes Cornyn, whose A+ rating from the gun group is probably about to take a downgrade.”

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.”