Mass Shootings – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Could Mass Shootings Lead to Looser Gun Laws? https://legacy.lawstreetmedia.com/blogs/crime/mass-shootings-lead-looser-gun-laws/ https://legacy.lawstreetmedia.com/blogs/crime/mass-shootings-lead-looser-gun-laws/#respond Mon, 23 May 2016 16:35:42 +0000 http://lawstreetmedia.com/?p=52626

An unanticipated response to public mass shootings.

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Mass shootings in the United States generate intense media, public, and political attention, often leading to strong policy responses as well. But according to a recent working paper, those responses aren’t exactly what you might expect. Professors at Harvard Business School researched the aftermath of mass shootings and found that while these events did often lead to a significant increase in gun legislation, those efforts actually tend to make guns more available to the public. Here’s what you need to know about the new research:

The Main Takeaways

While most attempts to study gun legislation focus on the efforts’ effects on the sale and use of guns, these researchers sought to understand what prompts changes in gun laws. Professors Michael Luca, Deepak Malhotra, and Christopher Poliquin highlight three primary findings from their research:

  • Mass shootings are salient public events that lead to strong policy responses from state legislatures.
  • Despite the relatively small number of people who die from mass shootings–by their measure, fewer than 100 people die each year due to public mass shootings while approximately 30,000 people die from gun violence each year–such events have a disproportionate effect on gun legislation.
  • They find, surprisingly, that mass shootings lead to a loosening of state gun laws. This is largely because both parties respond to gun violence in different ways and legislatures controlled by Republicans are more likely to enact new gun laws after a mass shooting.

The researchers find that a single mass shooting corresponds with a 15 percent increase in gun legislation introduced the following year. They note in the paper, “A single mass shooting leads to an approximately 15 percent increase in the number of firearm bills introduced within a state in the year after a mass shooting.” That increase is particularly significant in the context of gun-related deaths. Under their measure of mass shootings, these incidents lead to about 0.3 percent of all gun deaths but prompt a significant amount of legislation.

While it may not be surprising that high-profile events lead to political responses, the extent of that response may be. According to the researchers:

Our estimates suggest that the per-death impact of mass shootings on bills introduced is about 66 times as large as the impact of gun homicides in non-mass shooting incidents.

Policy Responses

Another important takeaway is that these events tend to spark strong responses from policymakers, but the content of those responses–whether they are proposals to strengthen or loosen gun control laws–largely depends on the party in control of the state legislature. They find that in Republican-controlled legislatures, mass shootings lead to a 75 percent increase in laws that loosen gun restrictions. On the other hand, they found no statistically significant effect on enacted laws when Democrats control the legislature.

In their research, the authors looked at several reports and databases of mass shootings in combination with the LexisNexis bill tracking service in order to determine the legislative response to mass shootings. After identifying bills proposed in response to mass shootings, they coded each bill in terms of whether they tightened or loosened gun laws. To isolate incidents that are generally considered mass shootings, they only looked at shootings that are public events, with three or more deaths, and where the victims are not related to the shooter. They also controlled for a wide range of variables to try and find a causal connection between these shootings and enacted laws.

Looking at state government responses to these events provides some important, and often overlooked, insight into how mass shootings shape gun policy. We might assume that when tragic events like these occur and generate a large amount of attention, policymakers would respond with laws that restrict gun sales. While that does happen, when you look at bills that make it all the way into law, they tend to have the opposite effect.

Party Control Matters

Because Republicans generally do not believe that stronger gun control will reduce mass shootings, they instead respond to these events with laws that correspond to their underlying ideological views. When looking at laws that were actually enacted, the evidence suggests that Republicans are more likely to put their policy preferences into effect. While the researchers do not attempt to explain why in their paper, they find that Democrat-controlled legislatures do not lead to a significant increase in enacted laws that restrict gun sales.

Gun control is one of the most polarizing issues in American politics, with Republicans and Democrats strongly split on the appropriate level of restrictions for gun buyers. This split explains, in part, why politics largely determines the response to these events. Put simply, these events tend to drive policymakers to push for laws that their existing political beliefs support; and Republican-controlled legislatures are considerably more likely to put those laws into effect.

One of the primary problems here–and an important driver of political polarization between the two parties–is a lack of consensus on effective policies to prevent gun violence. Democrats believe that additional restrictions and safeguards to prevent guns from falling into the wrong hands are necessary. Meanwhile, Republicans are skeptical of the effectiveness of these efforts and argue that people should be entitled to protect themselves from danger. As a result, policymakers respond to mass shootings based on what they already hold to be true and not necessarily with evidenced-based proposals to reduce gun violence.

What’s Next?

This research also highlights some important questions for policymaking going forward. In the paper, the authors write:

We find that even random and infrequent events that account for a relatively small portion of total societal harm in a domain might nonetheless be crucial levers for policy consideration and change.

Although they find that the responses to mass shootings are largely based on existing ideology, it’s worth questioning whether events–which account for about 0.3 percent of all gun deaths–should have such an outsized influence.

The important takeaway from all of this isn’t necessarily that public mass shootings lead to looser gun laws, but why exactly that happens. In the United States, American citizens and their elected officials are far from consensus on what the best response to gun violence should be. While research suggests we should treat gun violence as a public health issue–much like tobacco or automobile accidents–agreement on specific policies can be difficult to come by and the solutions are often more complicated than simply making it harder to buy guns.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Fixing Mental Health Care Will Not Stop Mass Shootings, But That’s Okay https://legacy.lawstreetmedia.com/blogs/politics-blog/fixing-mental-health-will-not-stop-mass-shootings-thats-okay/ https://legacy.lawstreetmedia.com/blogs/politics-blog/fixing-mental-health-will-not-stop-mass-shootings-thats-okay/#respond Fri, 04 Dec 2015 19:44:08 +0000 http://lawstreetmedia.com/?p=49368

It's more complicated than that.

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Image courtesy of [much0 via Flickr]

As mass shootings become the focus of public attention after two high-profile incidents in the span of  a couple of days, more and more people are demanding a response from Congress. Speaker of the House Paul Ryan recently faced a question about how to address mass shootings to which he responded saying that the focus needs to be on mental illness. Ryan then pointed to a bill from Representative Tim Murphy, a Republican from Pennsylvania, which seeks to overhaul the American mental health system. While nearly everyone agrees that the United States needs a better approach to mental health, the connection between mental illness and mass shootings is much more complicated than it may seem.

Before we get into the validity behind associating mental health with mass shootings, it is important to acknowledge the fact that most Americans see it as an important underlying problem. According to an ABC/Washington Post poll from October, Americans are nearly split on whether the government should prioritize passing new gun laws or protecting gun rights, but nearly two-thirds believe that improving mental health treatment is necessary to address mass shootings. When asked whether mass shootings are a reflection of problems with identifying and treating people with mental health issues or inadequate gun control laws, 63 percent believe mental health is the issue. There is a partisan difference in opinions–Republicans overwhelmingly focus on mental health while only 46 percent of Democrats focus on mental health alone. But despite those differences, only 23 percent of respondents said inadequate gun control laws were more concerning than mental health issues.

While Democrats often criticize Republicans’ reluctance to talk about gun control after mass shootings, it’s fair to say that addressing mental health problems is a greater concern for their constituents than stronger gun laws are. So in the wake of the tragic Sandy Hook shooting in 2012, the Republican Party looked to Rep. Tim Murphy, the only psychiatrist in Congress, to come up with a response. Murphy traveled across the country to speak with communities and mental health experts to determine the best way to fix the current system. While Murphy’s bill, the Helping Families in Mental Health Crises Act, marks the most comprehensive approach to overhauling the U.S. mental health system, it’s important to ask how doing so will affect mass gun violence.

In a review of research on mental health and gun violence, Vanderbilt University professors Jonathan M. Metzl and Kenneth T. MacLeish find that there is little evidence to suggest that mental illness causes gun violence. While it is true that in the aftermath of mass shootings reports often indicate that the perpetrator experienced some sort of paranoia, delusion, or depression prior to the attack, suggesting that mental illness caused the shooting is another matter. Metzl and MacLeish cite the finding that less than 3 to 5 percent of crimes in the United States are committed by people with mental illness, and that proportion may be lower in terms of gun crime.

In fact, people with mental illness are far more likely to be the victim of a crime than the perpetrator. For example, one study found that people diagnosed with schizophrenia are victimized at rates 65 to 130 percent higher than the general public. The authors concluded, “In general, the risk associated with being in the community was higher than the risk these individuals posed to the community.” Saying that all people diagnosed with mental illnesses are likely to commit mass shootings is about as useful as saying we should take away the gun rights of white men because most mass shooters also fit that demographic. In reality, the vast majority of white men and people diagnosed with mental illness will not commit mass violence.

Metzl and MacLeish also question the claim that mental health professionals can predict and prevent gun crime. While efforts to prevent the next mass shooting are well intentioned, basing that off of psychiatric diagnosis is remarkably difficult. The authors argue that psychiatric diagnosis is primarily a matter of observation, and they note that for that reason “research dating back to the 1970s suggests that psychiatrists using clinical judgment are not much better than laypersons at predicting which individual patients will commit violent crimes and which will not.”

In some ways, the difficulty in using psychiatric diagnosis to predict mass violence is a matter of math. Public health research can be used to determine a person’s risk of heart attack based on large-scale studies and randomized trials, but when it comes to mass shootings and mental health, the data is limited. As Jeffery Swanson, a professor in Psychiatry and Behavioral Sciences at Duke University School of Medicine, notes in his research on predicting rare acts of violence:

In a U.S. city the size of San Jose, California, (population about 1,000,000), about 4,000 people every year will have a heart attack; perhaps one or two will be killed by someone with mental illness wielding a gun. Treatment evidence for preventing death from myocardial infarction has piled up from hundreds of clinical investigations over several decades, involving more than 50,000 patients in randomized trials by the early 1980s . When it comes to persons with mental disorders who kill strangers, there is nothing remotely resembling such an empirical evidence base.

The Republican mental health bill marks an ambitious effort to address a growing problem in the United States, but saying that it is a plan to prevent future mass shootings is misleading. According to the Treatment Advocacy Center, there are 350,000 Americans in state jails and prisons who have been diagnosed with a severe mental illness–that, among other things, is what Rep. Murphy’s bill seeks to address. The bill would restructure the funding for mental health care and change health privacy rules to allow family members to get information about a loved one’s treatment. On the other hand, the bill does not address whether or not someone with a mental illness should have access to guns.

Instead of advertising Murphy’s bill as a means to solve mass shootings, Congress should focus on the need for mental health reform by itself. The Helping Families in Mental Health Crises Act does have controversial provisions, notably whether states should be encouraged to develop Assisted Outpatient Treatment programs, which allows courts to compel treatment for individuals before he or she has a mental health crisis. And whether Murphy’s plan to move funding from the Substance Abuse and Mental Health Services Administration–which he views as wasteful and ineffective–to a create an Assistant Secretary for Mental Health is the best way to spend money on mental health treatment.

Murphy’s bill is certainly ambitious and he already has some bipartisan support and backing from important mental health groups, but it also has some controversial provisions. For this reason, the debate on its passage should focus on whether or not it will improve and expand treatment for the 10 million Americans who experience severe mental illness in a given year–not whether it will prevent mass shootings.

Read More: Police Brutality and the Mentally Ill in America
Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Trevor Noah Points Out Huge Hypocrisy of Pro-Lifers on Gun Control https://legacy.lawstreetmedia.com/blogs/humor-blog/trevor-noah-points-huge-hypocrisy-pro-lifers-gun-control/ https://legacy.lawstreetmedia.com/blogs/humor-blog/trevor-noah-points-huge-hypocrisy-pro-lifers-gun-control/#respond Tue, 06 Oct 2015 21:41:58 +0000 http://lawstreetmedia.com/?p=48472

Check out the hilarious, but poignant, clip.

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Image Courtesy of [Elvert Barnes via Flickr]

South African comedian Trevor Noah really seems to be coming into his own as the new host of the “Daily Show.” Fresh faced and full of “millennial approved” banter, Noah has confidently revamped the hit satirical news show, while frequently paying homage to his famed predecessor, silver fox Jon Stewart.

However, during last night’s show Noah managed to outdo himself by perfectly tackling two heated issues currently center stage in American politics–abortion and gun control. In the video clip below, Noah criticized “pro-life” GOP primary candidates that fail to fight for gun control, which is also another potentially life-saving measure.

Noah said that “when it comes to restricting access to abortion, they’re killing it.” And he’s right, they are. Despite abortion being legal, anti-abortionists have managed to impose intrusive mandates in some states, such as forced vaginal ultrasounds and mandatory three-day waiting times, that aim to make obtaining an abortion more difficult.

Noah goes on to say,

It’s truly amazing how much the pro-lifers have been able to accomplish in the anti abortion fight. Just imagine what they could do with an issue where the facts are actually on their side?

 

At this point the segment truly came to life. Noah began by presenting scenarios where pro-lifers negatively addressed efforts to promote gun violence, and then asked “imagine if we could bring some of that pro-life passion into being more pro-life.” He then started swapping in pro-life soundbites from the same candidates as appropriate alternative responses to mass shootings.

Noah’s newscast ended on a somber note with this powerful closing message:

The point is, if pro-lifers would just redirect their power towards gun violence, the amount of lives they could save would reach superhero levels. They just need to have superheros’ total dedication to life, because right now they’re more like comic book collectors–human life only holds value until you take it out of the package and then its worth nothing.

However, not everyone was crazy about the clip. Vox argued that Noah’s segment fails by oversimplifying GOP ideals when it comes to gun control. Vox reporter German Lopez writes,

The fault of Noah’s critique of pro-life conservatives who oppose gun control lies in the fact that they don’t believe gun control can save lives. In fact, many gun rights advocates genuinely believe that gun control can get people killed — since without guns, they won’t be able to, for instance, defend themselves from home invaders.

While his point is valid, it doesn’t make Noah’s point any less so. As a comedian on the “Daily Show,” he’s allowed some leeway when it comes to using hyperbolic statements in order to make a point about a current issue at hand. In a little over a week in Stewart’s former chair, he’s making waves by doing just that. As the presidential race continues to heat up, it will be interesting to see what else Trevor Noah has to say.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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New FBI Report: Active Shooter Incidents on the Rise https://legacy.lawstreetmedia.com/blogs/crime/fbi-active-shooter-incidents-rise/ https://legacy.lawstreetmedia.com/blogs/crime/fbi-active-shooter-incidents-rise/#comments Wed, 15 Oct 2014 20:35:24 +0000 http://lawstreetmedia.wpengine.com/?p=26619

The rate of “active shooter” incidents has been increasing since 2000, according to a new study from the FBI in conjunction with researchers at Texas State University's Advanced Law Enforcement Rapid Response Training Center. The study identified 160 incidents occurring between 2000 and 2013, and concluded that there were over twice as many of these shootings in the second half of that period as there were in the first.

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The rate of “active shooter” incidents has been increasing since 2000, according to a new study from the FBI in conjunction with researchers at Texas State University’s Advanced Law Enforcement Rapid Response Training Center. The study identified 160 incidents occurring between 2000 and 2013, and concluded that there were over twice as many of these shootings in the second half of that period as there were in the first.

In total, these incidents caused over 1,000 casualties — which the FBI classifies as both injury and death — leaving 557 injured and 486 dead, not including the shooters themselves. Among the study’s many important conclusions is the finding that police officers are often not able to respond in time, making civilian response extremely important.

Researchers found an average of six active shooter situations per year between 2000 and 2006. That rate increased to over 16 in the second half of the years studied. The number of casualties – including both injuries and deaths– increased from an average of 35 per year in the first half of the study to 113 in the second.

It is important to note that active shooter situations are not the same as mass shootings. The agreed upon definition of an active shooter is “an individual actively engaged in killing or attempting to kill people in a confined and populated area,” though the FBI expanded it slightly for its research. In contrast to this definition, a mass shooting is an incident where a shooter kills three or more people.

Of the 160 total cases identified by researchers, 64 incidents or 40 percent would be classified as mass shootings. The distinction between “mass” and “active” shooter situations is small, but very important, as a person can be an active shooter without directly causing injury. Even the Wall Street Journal conflated the two, as the title of its coverage is “Mass Shootings on the Rise, FBI Says.”

James Alan Fox, a professor of criminal justice at Northeastern University, cautioned against the conclusion that mass shootings are increasing. In an interview with Time he said, “A majority of active shooters are not mass shooters… A majority kill fewer than three.” Fox went on to say that, if the study focused specifically on mass shootings it might not reveal an increase. Instead, he contends that the number of mass shootings have remained relatively steady since the 1970s.

Implications for Law Enforcement

While the findings about the rate of active shooter situations are important, the report’s primary purpose was to take a closer look at these incidents and their trends to see how law enforcement can better respond. The focus on active, rather than mass shooters is based on the underlying implication that the situation is in progress, meaning that law enforcement and bystanders may be able to influence the outcome.

One major finding about these situations is that they often end very quickly. In the 64 incidents where a duration could be determined, 44 ended in five minutes or less and 23 of those finished in just two minutes or less.

Equally important is the specific ways in which these incidents end:

 “At least 107 (66.9%) ended before police arrived and could engage the shooter, either because a citizen intervened, the shooter fled, or the shooter committed suicide or was killed by someone at the scene.”

-FBI’s Active Shooter Study

Additionally, over half of the situations (56%) ended on the shooter’s accord; the shooter either committed suicide, stopped shooting, or ran away. Also important is the fact that 21 incidents (13.1%) ended when unarmed citizens intervened, only two of which involved off duty law enforcement. Armed citizens were only involved in five incidents, four of which ended after armed security guards intervened, and only one ended after an armed civilian bystander engaged the shooter.

Also important is the location of these shootings. The three places with the highest rate of active shooter incidents are commercial areas (45.6%), educational environments (24.4%), and government properties (10%).

The study’s findings indicate that law enforcement may have a limited ability to respond to active shooters, as they typically end very quickly and before officers can arrive. However, they may also emphasize the importance of prevention and response training for citizens. Prevention remains the most important strategy for dealing with this problem, but the FBI’s recent emphasis on training may also help reduce the danger posed by shooters.

Featured image courtesy of [North Carolina National Guard via Flickr]

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Kevin Rizzo (@kevinrizzo10)

Featured image courtesy of [North Carolina National Guard/TSgt Richard Kerner, NCNG Public Affairs, 145th Airlift Wing via Flickr]

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Gun Violence Isn’t Off the Charts – It’s Actually Going Down https://legacy.lawstreetmedia.com/blogs/crime/gun-violence-isnt-charts-actually-going/ https://legacy.lawstreetmedia.com/blogs/crime/gun-violence-isnt-charts-actually-going/#respond Fri, 27 Jun 2014 15:45:58 +0000 http://lawstreetmedia.wpengine.com/?p=18509

Sandy Hook, the Naval Yard, Santa Barbara, and most recently Oregon – have all proved that mass shootings are a very real problem in America. While most Americans readily agreed with President Obama when he said, “Our levels of gun violence are off the charts,” the truth of the matter is that gun violence has actually been decreasing over the past 20 years.

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On Tuesday, June 10, President Obama took to Tumblr to answer questions on everything and anything from education, college affordability, and student loan debts in an open forum moderated by Tumblr founder and CEO, David Karp, live from the White House. In light of the tragic string of school shootings that have been plaguing the nation as of late, it was only a matter of time until the subject was brought up.

The President expressed his extreme frustration at the fact that “society has not been willing to take some basic steps to keep guns out of the hands of people who can do just unbelievable damage.”

His frustration is well justified – Sandy Hook, the Naval Yard, Santa Barbara, and most recently Oregon – have all proved that mass shootings are a very real problem in America. While most Americans readily agreed with President Obama when he continued by saying “Our levels of gun violence are off the charts,” the truth of the matter is that gun related homicides have actually been decreasing over the past 20 years.

President Obama is not the only one who mistakenly thinks that gun violence has been increasing;  in fact 56 percent of Americans believe that the number of crimes involving a gun is higher than it was 20 years ago. However, according to the Pew Research Center, a nonpartisan think tank, national rates of gun homicide and other violent gun crimes are “strikingly lower” than they were 20 years ago, mirroring a general decrease in crime.

The gun homicide rate was 49 percent lower in 2010 than in 1993, with fewer deaths despite population growth. Another important fact to note is that while there were 31,672 gun-related deaths in 2010, most of those deaths (19,392) were actually suicides. Surprisingly, the rate of gun suicides has consistently been higher than the gun homicide rate since at least 1981, and that gap is wider now than it has ever been.

However, when President Obama said, “we’re the only developed country on Earth where this happens,” he was not wrong. America leads the world in gun homicides and has more guns per citizen than any other country in the world, but while the president laments the fact that these mass shootings seem to be a once-a-week occurrence, mass shootings make up less than 1 percent of all homicides according to a Bureau of Justice Statistics (BJS) review.

Less than 1 percent?

That is a shockingly low percentage for nearly 30 years’ worth of statistical data. Even the Congressional Research Service states that “while tragic and shocking, public mass shootings account for few of the murders or non-negligent homicides related to firearms that occur annually in the United States.”

If the numbers show that both crime and gun violence are declining, why do most Americans feel that things are getting worse rather than better?

One explanation may lie with the media, as 17 percent of all news on local television broadcasts is centered on crime stories. Only traffic and weather top crime as the most common type of story played on newscasts, and it is no secret that violent crimes are frequently the bread and butter of breaking news.

It may come as no surprise that in 2012, the Pew Research Center found that news stories about fatal shootings were more closely followed by the public than any other type of story. The tragedy at Sandy Hook Elementary school in Newtown, Connecticut ranked second in public attention, with only the presidential election garnering more publicity that year.

Though the number of deaths resulting from mass shootings has not significantly increased over the past two decades, the frequency that Americans hear about those incidents certainly has. It may seem unfathomable now, but just a few decades ago a shooting could happen in California and people in New York would not find out until days after the fact.

With technology evolving and more information available than ever before, it may seems that the world has not only become smaller, but also more dangerous. It is no wonder that the majority of Americans believe that crime and gun violence have gotten worse rather than better over the past twenty years – it is all they ever hear about and see on the news.

Nicole Roberts (@NicoleR5901) a student at American University majoring in Justice, Law, and Society with a minor in Mandarin Chinese. She has a strong interest in law and policymaking, and is active in homeless rights advocacy as well as several other social justice movements. Contact Nicole at staff@LawStreetMedia.com.

Featured image courtesy of [Auraelius via Flickr]

Nicole Roberts
Nicole Roberts a student at American University majoring in Justice, Law, and Society with a minor in Mandarin Chinese. She has a strong interest in law and policymaking, and is active in homeless rights advocacy as well as several other social justice movements. Contact Nicole at staff@LawStreetMedia.com.

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We Need to Stop Accepting Gun Violence https://legacy.lawstreetmedia.com/news/need-stop-accepting-gun-violence/ https://legacy.lawstreetmedia.com/news/need-stop-accepting-gun-violence/#comments Tue, 17 Jun 2014 15:52:05 +0000 http://lawstreetmedia.wpengine.com/?p=17201

The United States saw four shootings in six days two weeks ago. The NRA tells us there's no way to stop this kind of senseless violence, but that's just not true.

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A man armed with a shotgun opened fire in an academic building at Seattle Pacific University on June 6, 2014. He walked up to three students and fired. One died; two were wounded. The following Friday, a man launched an assault against a courthouse in Forsyth County, Georgia. Only one person was wounded, but given the assailant’s stockpile of ammunition and bombs, it’s safe to assume he had much bigger plans. While the nation had a day off from similar violence that Saturday, Sunday was met with another shooting in Las Vegas. A couple killed two cops and a civilian before turning their guns on themselves. Last Tuesday, June 10, there was a school shooting in Oregon. Two are confirmed dead from that incident. That’s four shootings in six days with seven people dead.

Gun Rights and the Constitution 

Americans have long viewed the freedom to own a gun as a point of pride, one that is staunchly protected by the National Rifle Association, possibly the most successful lobbying group in modern American history. The NRA has shaped the way Americans currently view the Second Amendment.

But let’s look at what the Second Amendment really says. It reads: “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.”

To be fair, the comma placement makes this a difficult sentence to interpret. But the historical purpose of this amendment came from states’ concerns that there would be a federal militia but no state militias. This amendment was created to protect a state’s right to form its own militia. But in recent years, the NRA has expertly convoluted the Second Amendment into the meaning it holds today — the absolute right to own a gun. It claims any gun control endeavor is a staunch violation of individual freedoms.

Now, I am not going to suggest banning individual ownership of guns in America. Not only is that a probable constitutional violation, the public would never allow that to happen. But I do not see any reason why restrictions cannot be placed on gun ownership. The constitution is not absolute. For example, the First Amendment says Congress can make no law abridging a person’s freedom of speech. Reading this as an absolutist, the amendment can be interpreted as allowing any person to say anything he wants. But both individual states and Congress have passed laws limiting speech, such as a law declaring it unlawful to use free speech to incite violence or intimidate. According to that law, the Ku Klux Klan cannot burn a cross to intimidate an individual. If the First Amendment was interpreted as absolute, this law would not have been possible.

There is no reason the Second Amendment should be treated as an absolute when the First is not. The government can restrict speech to protect its citizens, so it should also be able to restrict gun sales to do the same.  But when it comes to the Second Amendment, the NRA and the most vocal gun advocates deal in absolutes. David Metcalf, an avid gun user, former editor of Guns & Ammo and member of the NRA, recently made a similar argument to the one I just made. He was called a traitor and threatened just because he argued that regulating guns isn’t an automatic infringement on gun owners’ rights.

Gun Rights and Crime 

Now, regardless of the constitutionality argument, the NRA claims that regulation of guns will do nothing to stop crime. It argues that people need guns to protect themselves and that anyone can get a gun on the black market, so new restrictions will do nothing. But let’s look at some data. In 2012, Britain, a nation with strict gun laws, had a murder rate of 1.2 per 100,000, while America had a rate of 4.8 per 100,000. The gun murder rate for England and Wales is 0.1 per 100,000, while it is 3.2 per 100,000 in the United States. This isn’t an isolated example — the US has by far the highest per capita gun deaths among developed nations.

Several things could be done about this crisis. We could implement much stricter background checks and require gun licenses be subject to regular renewals. These changes need to be paired with better treatment and recognition of those who are mentally ill. We need to identify those who are at risk, and then prevent their access to guns. Furthermore, assault rifles, such as the AR-15, should not be legal. A variant of this weapon was used in the Sandy Hook shooting. The shooter stole the gun from his mother’s collection. If the gun was banned, even if it was still available on the black market, the Lanzas probably would not have purchased it illegally. Finally, there is a large black market for guns, so any legal restriction of gun use must be paired with money for the FBI and ATF to shut down it down.

I began this article by highlighting four shootings that took place in the span of six days. Many Americans have reacted by saying, “well, it could have been worse.”  This is an attitude of acceptance, because those deaths simply didn’t have to happen. Gun regulation is constitutional and it has worked elsewhere. We owe it to the past and future victims of gun violence to give it a try.

Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Sean Savage via Flickr]

Matt DeWilde
Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

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