Life, Liberty, the Pursuit of Happiness and.. Guns?

When we look at mass shootings in general, we have The Harvest Music Festival (2017) at least 58 killed, Pulse nightclub (2016) 49 killed, Virginia Tech (2007) 32 killed, Sandy Hook (2012) 27 killed; the list goes on. We can see from this graphic, powered by the-tipping-point.info, gun ownership and death are correlated. We can also see the aforementioned states that report the higher suicide rates have the some of the highest rates of gun ownership.  For further support, this study found a strong relationship between state-level firearm ownership and firearm suicide rates among both genders, and a relationship between firearm ownership and suicides by any means among male, but not female, individuals.

Some of the Second Amendment Basics.

Because of the way that the Second Amendment is phrased, it has lead to much debate over its intended scope.

The two different interpretations are based on whether or not the phrasing was meant to describe gun ownership on the personal level of individuals, known as the individual right theory, or at the state level, known as the collective rights theory. Following the individual right theory, it is unconstitutional for the United States to have prohibitory or restrictive regulations on guns for American citizens. The collective rights theory interprets the Second Amendment at a state level. Following this theory, states have the right to protect their authority to have a formal and organized military, but individuals do not have the right to ownership of guns. Further, the different levels of government have the right to regulate firearms without constitutional infringement. Critics of the individual rights theory say the Second Amendment was written in a time of musket vs. musket warfare and does not apply to the advancements in gun technology and use over the last century.

Many of us see this debate being played out with the NRA and attribute it to conservative ideologies, but this movement emerged in the 1960s and 70s, led by Black Panthers. They insisted owning a firearm was the right of each and every American – an argument the NRA has more recently taken over. For a more complete analysis of the Second Amendment, this story, and how the meaning has changed as the context around guns have changed, check out this podcast from More Perfect: The Gun Show.

Some of the Other Basics.

There are also many other issues that come up for debate when we’re looking into shootings and the aftermath. Some of the most common are general access to guns and mental health. It is not always a debate over whether or not America is afforded the right to guns as a whole, but if the type, accessories, age limits and access (background checks, waiting periods, etc.) should be changed. What is the “scope” of this right, what are the exemptions to the right and how does the scope affect one of the most coveted parts of our Declaration of Independence? We are afforded “certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.”

When we look back to the Las Vegas shooting, the shooter used a bump stock. Bump stocks modify rifles (like an AR-15) to “allow guns to fire in rapid succession or automatic fire”, or make them into an automatic weapon. Explained, bump stocks allow weapons to be modified to allow the shooter to fire many, many more bullets with much less effort. Semi-automatic weapons require the trigger to be pulled to fire each round, then the weapon reloads itself. Automatic weapons allow the shooter to pull back hold the trigger to have the weapon continue firing until the ammunition is expended or the trigger is released. Many people do not understand why non-military people would need automatic weapon functionality.

When we start talking about issues pertaining mental health with mass shootings, the issue is not black and white. People almost never go to sleep one night fine and wake up the next day deciding to be a mass murderer. The slide into mental illness is usually much more gradual. Putting the all blame on mental health is not entirely fair, there are other issues at play. Yes, our country as a whole would benefit from improved access and quality of mental health treatments; but the vast majority of people with mental illnesses all across the country do not decide to murder people.

Some of the most studied shooters are psychopathic shooters. These shooters generally lack empathy, don’t feel remorse or guilt for their actions, and may use violence or intimidation to get what they want. They can be irresponsible, egocentric, charming and manipulative – which can make them difficult to identify and preventively treat. That being said, not everybody that kills is a psychopath. We then think of the traumatized or psychotic shooter who grew up in a bad environment or suffers from a mental illness like schizophrenia. Even when it comes to these types of killers, they can be motivated by grief, anger, resentment, or feeling used or mistreated; issues for which mental health treatment may not prove to be a magic cure.

The question, in my opinion, ultimately comes back to access. The rate of mental illness (and of video game popularity, and of various other proposed culprits turning our children into killers) is roughly similar in different countries, but the rate of gun violence is not. The difference between these countries is easy to spot: access to guns. That is why we can see a wave of legislation across the country pertaining to access to firearms for “at risk” people in the wake of Parkland.

The Bills.

There are many different bills across the country reflecting the current push by many people in the country to change some type of access to guns. Here is a map of all the “firearms” bills currently in the United States.

This bill will prohibit the sale, transfer, production, and importation of:

• * Semi-automatic rifles and pistols with a military-style feature that can accept a detachable magazine
• * Semi-automatic rifles with a fixed magazine that can hold more than 10 rounds
• * Semi-automatic shotguns with a military-style feature
• * Any ammunition feeding device that can hold more than 10 rounds
• * Any 205 specifically-named and listed firearms

Then there is the “Fix NICS” bill; a bill that both Second Amendment supporters and gun control advocates seem to come together on. If passed, it amends the Brady Handgun Violence Prevention Act and makes it mandatory for all federal agencies to report criminal convictions to the Attorney General. The convictions are put into the background check system. It would motivate states and tribes to comply through federal funding.

Most notably on the state level is Florida S7026, the Marjory Stoneman Douglas High School Public Safety Act, which toughens gun control in several ways while also including a provision to allow some teachers to be armed.

The bill:

• * Raises the age to purchase a firearm to 21 from 18
• * Requires a three-day waiting period for firearm purchases, with some exceptions
• * Bans the sale or possession of bump fire stocks
• * Allows law enforcement to ask for an “extreme risk protection order” if there’s evidence the person poses a threat to themselves or others (along with other similar restrictions on people deemed mentally ill)
• * Allows some teachers to be armed if both the local school district and local sheriff’s department agree

This bill passed on March 9th; people affected by the Parkland shooting have had a large role in getting the bill passed. See how the legislators voted on it with my personal scorecard — click on any legislator to see their vote on the bills I rated.

IL HB 1465 would require people to be 21 or older to purchase semi-automatic firearms, standard capacity magazines that hold more than 10 rounds of ammunition, and .50 BMG caliber rifles. It would require adults under the age of 21 to dispose of such firearms within 90 days and to dispose of standard capacity magazines over ten rounds in capacity immediately. Finally, the bill would prohibit out-of-state visitors under 21 from being present in Illinois for longer than 24 hours with such firearms or standard capacity magazines.

Tennessee HB 2302 also proposed an age restriction. The bill would create a Class A misdemeanor for a person purchasing a used or second-hand firearm if that person is disqualified from purchasing it.

The Washington Legislature adjourned sine die without holding a vote on SB 6620. The bill would have prohibited the purchase and transfer of all semi-automatic rifles to adults under 21 along with established a waiting period of up 10 days.

The NRA released a statement pertaining to the proposed laws to limit the age allowed for purchase saying, “Any legislative proposal that seeks to prevent law-abiding adults aged 18 to 20 years old from acquiring a firearm deprives them of their constitutional right to self-defense.” They are currently suing Florida.

Illinois passed a bill that would have required anyone who sells, leases or transfers 10 or more firearms a year to be licensed by the Illinois Department of Financial & Professional Regulation, a cost that would be limited to $1,000 every five years. Dealers and their employees would have to take training to make sure they know how to properly conduct background checks, store guns, prevent thefts and thwart straw purchases, in which someone buys a gun on behalf of a person who is barred from doing so. Illinois Governor, Bruce Rauner, vetoed the bill on Tuesday, March 13, saying

“The core issue is not which guns to legally ban or regulate. We have ample proof that such narrowly focused legislative responses make for good political cover. But they do little to stop the illegal flow of guns into Illinois or prevent people from committing thousands of crimes in our state each year with illegal guns.”

Illinois also proposed HB 1468 and HB 1467. HB 1468 would require a 72 hour waiting period for certain commonly-owned semi-automatic firearms and .50 BMG caliber rifles. HB 1467 would ban “bump stocks” and “trigger cranks.”

New Hampshire HB 1749, would impose a $5,000 penalty on any elected official who has violated the state’s firearms laws.

Georgia HB541 would prohibit people convicted of misdemeanor crimes of family violence from receiving, possessing, or transporting a firearm.

West Virginia passed  HB 4187 which will allow lawful owners of firearms to transport or store their firearms in locked, privately-owned motor vehicles without fear of civil liability, criminal liability or employer retribution.

WY HB168 passed a “Stand Your Ground” law establishing circumstances for when no duty to retreat exists for people before using force to defend themselves. The proposed legislation would also clarify that a person who faces a civil lawsuit because of the allegedly improper use of defensive force may apply to a court for a determination of the use of force issue prior to trial.

My Concluding Thoughts.

I found this list of Ten Ways we can “Put the Breaks” on School Shootings:

1. Strengthen gun laws
2. Keep gun regulations the same or relax them
3. Arm the schools
4. Improve school security
5. Cut down on violence in the media
6. Improve mental health care
7. Think about the families, not the shooter
8. Focus on parenting
9. Bolster kids’ social skills
10. Watch out for one another.

So, so many things, where on Earth do we start? That is what is terrifying and horrible about this issue. When you start to actually think about what to do to try to do something to fix the problem, it is so overwhelming you’re already too exhausted to continue. What it comes down to for me is people’s rights to guns does not trump my right stay alive. I think people in Australia, Canada, England, Norway and Denmark who consider themselves just as free as Americans and they do not allow legal access to AR-15s by 18 year olds. The common sense part of this seems to keep being lost; everyone wants to live and believe their kids, friends and family are safe.

I then think about the whole cycle we have gotten into. We are shocked, mortified, sad, give thoughts and prayers, talk about how many people were killed (murdered), talk about the shooter, realize that is horrible and switch to talking about the families, give it a couple news cycles, talk about the systemic failures and upbringing of the shooter that contributed to the murders and move on. Until the next one.

Will this time be different? Will enough of us take responsibility for doing our part to change our laws and our culture to keep our kids, and ourselves, safe?

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