National Rifle Association
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Red Flag” Laws
An Overview of “Red Flag” Laws Rep. Karla Rose Hanson Interim Judiciary Committee Meeting Nov. 13, 2019 Red flag laws reduce gun violence & save lives • Suicide by gun • ND had all-time high of 93 suicides by firearm in 2017 1 • ND ranks #10 nationally for its rate of gun suicides 2 • Fargo Police responded to 1,377 suicidal person calls in 2018 3 • Fatal domestic violence incidents • 15 ND women fatally shot by an intimate partner from 2013-17 4 • DV calls are the most dangerous for law enforcement officers 5 • Mass shootings 1 CDC: https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm 2 CCD Fatal Injury Report – five-year average from 2013-2017 3 Fargo Police Chief David Todd testimony on HB 1537 – 1/30/19 • None in ND… yet 4 FBI data on firearm fatalities - everytownresearch.org/everystat 5 DOJ study on LE fatalities: https://cops.usdoj.gov/RIC/Publications/cops-w0858-pub.pdf What are Red Flag laws? • Called Extreme Risk Protection Orders or Public Safety Protection Orders • Save lives by enabling action before warning signs escalate into tragedies • Family or law enforcement petitions the court to temporarily prohibit a person who has been determined to be a danger to themselves or others from possessing a gun • Uses a civil process • In place in 17 states Most Common Questions Are these laws are constitutional? Yes. Case law repeatedly affirms that public safety regulations do not conflict with the 2nd Amendment. 1 Do these laws have robust due process protections? Yes. Appropriate actions and checks must occur before an order can be issued. -
Criminal Background Checks and Red Flag Bills
Talking Points: HF8/SF434 Criminal Background Check Bill Passing the Criminal Background Check bill will help prevent prohibited purchasers and straw buyers from buying guns illegally. The most dangerous gap in firearms laws today is the “private seller” loophole. Although federal law requires licensed firearms dealers to perform background checks in all gun sales, it does not require unlicensed private sellers to do so. This makes it easy for convicted criminals, gang members and domestic abusers to buy guns illegally. Criminal background checks are effective because they don’t depend on criminals to follow the law. Instead, they depend on licensed dealers and private sellers to follow the law and protect them from prosecution when they do. Most gun dealers and private sellers are law-abiding. SUMMARY OF THE BILL • Expands Minnesota’s current Permit to Purchase law to private gun sellers. • Applies only to sales of handguns and military-style assault weapons. Does not apply to long guns. • Under this law, buyers will obtain a permit to purchase from the police -- which includes a criminal background check– and bring it to any seller to prove they are eligible to purchase a firearm. Straw buyers and prohibited purchasers are much less likely to lie to law enforcement than to a gun dealer. • Records of sales are kept by the seller—NOT the state. This law will protect private sellers from prosecution if a gun they sell is later used in a crime, as long as they can show proof that the buyer had a valid permit to purchase. • Includes exemptions for transfers of handguns and assault rifles between family members, educational use, and temporary loans of handguns and assault rifles for hunting. -
National Press Club Luncheon with Paul Helmke, President of the Brady Campaign to Prevent Gun Violence
NATIONAL PRESS CLUB LUNCHEON WITH PAUL HELMKE, PRESIDENT OF THE BRADY CAMPAIGN TO PREVENT GUN VIOLENCE SUBJECT: GUN VIOLENCE IN AMERICA MODERATOR: JERRY ZREMSKI, PRESIDENT OF THE NATIONAL PRESS CLUB LOCATION: NATIONAL PRESS CLUB BALLROOM, WASHINGTON, D.C. TIME: 1:00 P.M. EDT DATE: TUESDAY, MAY 1, 2007 (C) COPYRIGHT 2005, FEDERAL NEWS SERVICE, INC., 1000 VERMONT AVE. NW; 5TH FLOOR; WASHINGTON, DC - 20005, USA. ALL RIGHTS RESERVED. ANY REPRODUCTION, REDISTRIBUTION OR RETRANSMISSION IS EXPRESSLY PROHIBITED. UNAUTHORIZED REPRODUCTION, REDISTRIBUTION OR RETRANSMISSION CONSTITUTES A MISAPPROPRIATION UNDER APPLICABLE UNFAIR COMPETITION LAW, AND FEDERAL NEWS SERVICE, INC. RESERVES THE RIGHT TO PURSUE ALL REMEDIES AVAILABLE TO IT IN RESPECT TO SUCH MISAPPROPRIATION. FEDERAL NEWS SERVICE, INC. IS A PRIVATE FIRM AND IS NOT AFFILIATED WITH THE FEDERAL GOVERNMENT. NO COPYRIGHT IS CLAIMED AS TO ANY PART OF THE ORIGINAL WORK PREPARED BY A UNITED STATES GOVERNMENT OFFICER OR EMPLOYEE AS PART OF THAT PERSON'S OFFICIAL DUTIES. FOR INFORMATION ON SUBSCRIBING TO FNS, PLEASE CALL JACK GRAEME AT 202-347-1400. ------------------------- MR. ZREMSKI: (Sounds gavel.) Good afternoon and welcome to the National Press Club. My name is Jerry Zremski, and I'm the Washington bureau chief for the Buffalo News and president of the National Press Club. I'd like to welcome club members and their guests who are here today, as well as those of you who are watching on C-SPAN. We're looking forward to today's speech, and afterwards I will ask as many questions as time permits. Please hold your applause during the speech so that we have as much time for questions as possible. -
The National Rifle Association and the White Male Identity
The National Rifle Association and the White Male Identity Examining the intersection of identity with regard to race, gender, and citizenship status within the parameters of the NRA and its espoused rhetoric 12/21/2012 Columbia University; Professor J.Sorett Eliana Rae Eitches Eitches 1 On Friday, July 20, 2012, James Holmes entered a movie theater in Aurora, Colorado armed with a 100-round drum magazine, a Smith & Wesson M&P15 assault rifle (the “civilian version of the Military’s M-16) capable of firing 60 bullets per minute, a Remington shotgun, and a .40 caliber handgun .i On that day, Holmes used those weapons to shoot 71 people, twelve of whom died. Less than six months later, on December 14, 2012, 20-year old Adam Lanza, immediately after shooting and killing his mother in their home, proceeded to Sandy Hook Elementary School where he shot and killed 26 people - 20 children and 6 adults - before killing himself. After the bodies were carried away, the final body count stood at 28, making it the second most deadly school shooting in United States history.ii In response to Aurora, many cried for stricter gun control laws while others determined to arm themselves: Colorado saw a 41% increase in background checks for hopeful gun owners in the direct aftermath of the incident, a response “not unusual” after a mass shooting.iii Media attention was lavished on these two aforementioned mass murders because their spectacular violence and seemingly-random nature incites the curiosity of the nation; synchronously, the attention these events receive is disproportionate compared to the negligible attention received by the 276 people shot daily in the United States, 84 of whom will die as a result of their injuries.iv Yet, it is these mass violence spectacles that demonstrate why the debate surrounding gun control and gun protection is so fierce: incidences of mass violence either incite fear, causing one to support protection measures via gun ownership or via stricter gun legislation. -
California's Gun Violence Restraining Order
California’s Gun Violence Restraining Order: CAREGIVERS OF THE ELDERLY CAN SPEAK FOR SAFETY “A client, with many guns in the home, claims that his neighbors want to harm him and he will need to defend himself. I spoke to his family who is worried that he might hurt someone or himself. The family and I have been unable to get him to give up his guns. What can we do?” “One of my clients is a 91-year-old man suffering from dementia. I serve as his companion many evenings, and I know that he keeps two loaded guns in his home and sometimes he gets confused at night. His family asked me about options to ensure his safety and the safety of others.” A NEW LAW CAN HELP! California’s Gun Violence Restraining Order (GVRO) is a law that allows certain teachers, school employees, co-workers, employers, family, household members, and law enforcement to obtain a court order to prevent an at-risk person from accessing guns, ammunition, or magazines and that temporarily prohibits that person from purchasing or obtaining any new guns, ammunition, or magazines*. The firearm removal and purchase restriction can last from 21 days to five years, depending on the type of order, and what the judge thinks is appropriate. A final GVRO, lasting between one and five years, can be renewed before it expires if the danger still exists. *Magazines are ammunition storage and feeding devices which can often be detached from a firearm. WHO CAN REQUEST A GVRO? Law enforcement, family members, household members, employers, some co-workers, certain teachers/school employees can file a petition to obtain a GVRO with the Superior Court in which the person to be restrained resides. -
An Empirical Assessment of Homicide and Suicide Outcomes with Red Flag Laws
An Empirical Assessment of Homicide and Suicide Outcomes with Red Flag Laws Rachel Dalafave* This Article empirically illustrates that red flag laws—laws which permit removal of firearms from a person who presents a risk to themselves or others—contribute to a statistically significant decrease in suicide rates, but do not influence homicide rates. I exploit state-level variation across time in the existence of red flag laws between 1990 and 2018 and find that the existence of a risk-based law reduces firearm-related suicides by 6.4% and overall suicides by 3.7%, with no substitution to non-firearm suicides. Red flag laws are not associated with a statistically significant change in homicides rates. Policymakers should consider red flag laws an effective tool to prevent firearm-related suicide, one of the most prevalent preventable causes of death in the United States. In light of this evidence, red flag laws should be more politically successful in the current partisan environment than other forms of gun control legislation because of their targeted nature and potential to balance the interests of gun owners against the negative externalities of gun violence. INTRODUCTION ............................................................................. 868 I. OVERVIEW OF STATE LAWS AND VARIATION ............................ 872 II. SUICIDE AND HOMICIDE PREVENTION ...................................... 877 A. The Relationship Between Guns and Violence ........... 877 B. Red Flag Laws and Gun Violence ............................... 881 III. EXISTING LITERATURE ........................................................... 885 IV. THE EFFECT OF RED FLAG LAWS ON HOMICIDES AND SUICIDES ............................................................................... 886 A. Trends in Raw Data ..................................................... 886 B. Empirical Methodology: Difference-in-Differences ... 891 C. The Effects of Red Flag Laws on Homicides and Suicides ..................................................................... -
“There Is No Gun Problem, There Is Only a People Problem”
“There is no gun problem, there is only a people problem” Keywords in the American gun debate and their differing usage Ella Nordberg, 36768 Pro gradu-avhandling i engelska språket och litteraturen Handledare: Brita Wårvik Fakulteten för humaniora, psykologi och teologi Åbo Akademi 2020 ÅBO AKADEMI – FAKULTETEN FÖR HUMANIORA, PSYKOLOGI OCH TEOLOGI Abstrakt för avhandling pro gradu Ämne: Engelska språket och litteraturen Författare: Ella Nordberg Arbetets titel: “There is no gun problem, there is only a people problem”: Keywords in the American gun debate and their differing usage Handledare: Brita Wårvik Handledare: Abstrakt: The gun debate in the United States has been going on for decades. Whether or not new gun legislation should be implemented in the wake of repeated mass shootings and the public outrage that follows them is constantly debated, but little progress has been made in the way of lawmaking. This thesis explores the way that differing sides of the gun debate – those for gun control and those against – use different definitions and ways to present keywords that are frequently used in the gun debate. The study is an analysis of four speeches that were given by four different speakers in the wake of a school shooting in Parkland, Florida in 2018. The four selected speeches have been given by Emma Gonzalez and David Hogg, both students at the school, NRA CEO Wayne LaPierre and Republican Senator Marco Rubio. The hypothesis is that people on opposing sides of the debate will speak about and use the keywords in the text differently. Theoretical approaches used in the analysis include critical discourse analysis and strategic maneuvering. -
What School Districts Need to Know About the New Red Flag Law on February 25, 2019, Governor Cuomo Signed the “Red Flag” Bill Into Law
INFORMATION MEMO March 1, 2019 INFORMATION MEMO PAGE 1 BondBond MARCH 1, 2019 BondWhat School Districts Need to Know About the New Red Flag Law On February 25, 2019, Governor Cuomo signed the “Red Flag” bill into law. The purpose of this law, also known as the “extreme risk protection order” law, is to prevent individuals from accessing firearms, rifles and shotguns who have been determined by a court to be likely to engage in conduct that would result in serious harm to themselves or others. A provision of this law that is particularly relevant to schools1 is the provision allowing a school administrator, or a school administrator’s designee, to file a petition for an “extreme risk protection order” against a student. This law goes into effect 180 days after it was signed by the governor, meaning it will become effective this August. Background The Red Flag bill was introduced because family members and school officials are often the first to know when someone is experiencing a crisis or exhibiting dangerous behavior. They may even report their fears to law enforcement; but in New York, as in many other states, law enforcement officers often did not have the authority to intervene. This lack of intervention has sometimes resulted in preventable tragedies, including interpersonal gun violence or suicide involving a gun. The New York State legislature determined that enacting extreme risk protection orders will help keep individuals safe while respecting due process rights. The law provides for a two-stage process: a temporary extreme risk protection order and a final extreme risk protection order. -
California Expands “Red Flag” Law to Permit Gun Violence Restraining Orders in Workplaces and Schools Insights 10.15.19
California Expands “Red Flag” Law To Permit Gun Violence Restraining Orders In Workplaces And Schools Insights 10.15.19 Mass shootings have become a tragic reality in the United States. Recent years have witnessed a number of high-profile incidents at schools, workplaces, churches, and other public places. While the country remains deeply divided about the cause of such incidents and how to prevent them, there has been significant bipartisan discussion, at both the national and state levels, about so-called “red flag” laws as a potential tool to combat gun violence. These laws generally authorize a temporary restraining order to remove firearms from the possession of a threatening person. As in other areas, California recently pushed the envelope by expanding its own version of a red flag law to permit employers, coworkers, and teachers to pursue a restraining order. This may raise a number of interesting issues for employers in the Golden State. “Red Flag Laws” and Gun Violence Restraining Orders As mentioned above, a “red flag” law is generally a state law that authorizes the police or a close family member to seek a restraining order to remove firearms from the possession of an individual who has been deemed to constitute a threat to themselves or others. Connecticut was the first state to adopt such a law in 1999, and today 17 states authorize such actions in one form or another. A “gun violence restraining order” (or GVRO) is different from a “workplace violence restraining order,” with which many employers are already familiar. The latter generally involves a restraining order sought by an employer or an individual employee seeking to bar an individual from the premises – such as a violent spouse or ex-spouse or a stalker. -
Staff Memorandum
Staff Memorandum HOUSE OF DELEGATES Agenda Item #12 REQUESTED ACTION: Approval of the report and recommendations of the Task Force on Mass Shootings and Assault Weapons. The Task Force on Mass Shootings and Assault Weapons was appointed in 2018 by then-President Michael Miller to update the 2015 report entitled “Understanding the Second Amendment – Gun Regulation in America Today and Yesterday” with a focus on the role of mass shootings and assault weapons on gun violence in the United States. The Task Force’s report, entitled “Reducing the Epidemic of Mass Shootings in the United States – If Not Now, When?” is attached. The report reviews the current state of the law relating to gun regulation as well as data on mass shootings and assault weapons; Task Force members also met with firearms experts. It addresses the connection between domestic violence and mass shootings; the connection between mental health and mass shootings; and the regulation of the sale and transfer of guns, accessories, and ammunition. The report makes the following recommendations: ● Ban the possession, sale, and manufacture of assault-style weapons. ● Ban large-capacity magazines that hold more than 10 rounds of ammunition. ● Ban bump stocks and other devices that effectively enable semi-automatic firearms to be fired in fully automatic mode. ● Ban firearms manufactured without a license and without a serial number. ● Enact universal background checks for all gun sales, private and through licensed dealers. ● Expand the time for background checks to be completed before finalizing firearm sales. ● Require gun owners to obtain a license as a purchase and possession requirement for all types of firearms. -
The NRA, the GOP, and Identity Politics
PROTESTS, INSURRECTION, AND THE SECOND AMENDMENT A Culmination and a Crossroads The NRA’s Past and Future in Light of the Events of 2020 By Matthew J. Lacombe, Assistant Professor of Political Science, Barnard College, Columbia University PUBLISHED JUNE 2021 Brennan Center for Justice at New York University School of Law Introduction The year 2020 may mark an important turning point in the political development of the National Rifle Association (NRA) and, as a result, the broader gun rights movement. Its events can be seen both as a culmination of the NRA’s approach to politics over the past several decades and as evidence of the challenges that approach has created for the organization moving forward. Acting as the most prominent representative of the gun rights movement, the NRA has for many decades succeeded at advancing its pro-gun agenda by building and maintaining a sense of identity around gun ownership. The organization has promoted this identity among gun owners through its firearms-related programs and its communications with members via magazines such as American Rifleman. It has also politicized the identity, promoting gun ownership as a lens through which to view and act upon politics by emphasizing the negative consequences that gun regulations have on gun owners’ lifestyles, values, and identities (as opposed to, for instance, pointing out their technical flaws). Finally, the NRA has used the gun owner identity to mobilize political action among its supporters during elections and legislative debates by portraying it as deeply threatened by proposed gun regulations and their advocates: rather than simply being misguided, gun control is seen as an attack on gun owners that endangers their way of life.1 This mobilizational tactic has been effective for a long time; it proved successful as early as the 1930s during initial debates over federal-level gun control and has generally continued to serve the NRA well in the years since, especially when gun control is under consideration in Washington. -
President Trump's First Term
The Year in C-SPAN Archives Research Volume 5 Article 1 2-15-2020 President Trump’s First Term: The Year in C-SPAN Archives Research, Volume 5 Robert X. Browning Purdue University, [email protected] Follow this and additional works at: https://docs.lib.purdue.edu/ccse Part of the American Politics Commons Recommended Citation Browning, Robert X. (2020) "President Trump’s First Term: The Year in C-SPAN Archives Research, Volume 5," The Year in C-SPAN Archives Research: Vol. 5 , Article 1. Available at: https://docs.lib.purdue.edu/ccse/vol5/iss1/1 This document has been made available through Purdue e-Pubs, a service of the Purdue University Libraries. Please contact [email protected] for additional information. President Trump’s First Term: The Year in C-SPAN Archives Research, Volume 5 Cover Page Footnote To purchase a hard copy of this publication, visit: http://www.thepress.purdue.edu/titles/format/ 9781557538826 This article is available in The Year in C-SPAN Archives Research: https://docs.lib.purdue.edu/ccse/vol5/iss1/1 “For almost 25 years I have watched the C-SPAN Video Library evolve into the nonpareil of data on congressional institutional behavior. Most instructors of the legislative process have utilized the C-SPAN’s material in the classroom with great success. Here, in this volume, Robert X. Browning once again demonstrates the myriad ways scholars can advance conventional wisdom on the U.S. Congress and institutions with the C-SPAN Video Library’s seemingly unlimited data. Debates, hearings, and floor speeches are just a few fascinating resources that are brilliantly used in this volume.