Thursday, July 7, 2022

Red Flag failure - laws mean nothing if not implemented

The 4th of July mass public shooting of parade goers in Illinois is yet one more tragedy sparking calls for new gun control laws.   As in the Buffalo shopping center mass public shooting, this event occurred in a state with some of the most stringent gun control laws in the country.  Only seven states are ranked A- or better, including Illinois and New York, by the Giffords Law Center to Prevent Gun Violence.  Both states also have Red Flag Laws in place that if properly resourced, prioritized, and enforced could have prevented both events. 

In a previous blog post, “Mourning with Uvalde – what can we do?” this blog recommended several actions for readers and law makers to make changes that could be realistically achieved and might make a difference.   Another blog post, “A victory for respectful bipartisan collaboration,” described some legislative success at the federal level.  One of the outcomes was to support states in creating and implementing Red Flag laws. 

As I have written before, there are now 19 states with Emergency Risk Protection Order (ERPO) laws commonly called Red Flag laws. These laws are essential to successful intervention at the intersection of dangerousness and firearm access.   They typically create a process for the removal of guns from the possession of an individual who demonstrates they are dangerous to themselves or others.  Having a Red Flag law in place is essential as a first step in this effort.