Abstract
Florida responded to the Parkland shooting with the Public Safety Act, which included measures restricting the sale of firearms to individuals with mental illness. As suggested by this act, mental illness has become a focal point in the debate on how to address school shootings and has increased the call for “red flag” legislation. These laws target those persons believed to be in psychological crisis, having potential to harm self or others and permits law enforcement to remove the person's access to the firearm. Not all states officials support red flag initiatives; some argue that having one's firearms removed without the chance for an initial court hearing is in violation of one's due process. Which states are more likely to adopt stringent gun laws related to mental illness? In examining this topic, this chapter explores state-level legislative action concerning the passage of red flag laws, 2018 through 2022.
TopIntroduction
School violence involves a spectrum of crimes taking place within educational institutions. (Miller & Kraus, 2008). Turanovic and Siennick (2022) define school violence as the “threat or use of force with the intention of causing harm, either at school or during school-related activities” a broad definition which includes bullying, aggression, fighting, threats, and weapons offenses. A subcategory of school violence is serious school violence, which includes actions such as bringing weapons to school; making serious threats; engaging in aggravated assault, sexual battery, or robbery, and perpetrating school shootings (Turanovic & Siennick, 2022). Violent deaths and shootings at schools are, without exception, tragic events. Each incident has far-reaching and negative effects on the student population and the surrounding community (National Center for Educational Statistics, 2023). It is reported that violence in school can reduce school attendance, lower academic performance, and increase drop-out rates. This has profound consequences for the success and prosperity of children, families, and communities (UNICEF, 2021; Rossin-Slater, 2022).
According to the National Center for Educational Statistics (2023), from 2000 to 2021, at elementary and secondary schools in the United States, there were 46 active shooter incidents, with the annual number ranging from 0 to 6 incidents. These 46 incidents resulted in 276 casualties (108 killed and 168 wounded). Although the probability is low that a student will experience a school shooting, the number of incidents has risen in recent years (2017-2022) except for 2020, the year when schools were closed due to Covid (Cox, et. al., 2023). For example, in 2017 there were 15 school shootings; in 2018 and 2019 there were 30 and 28 respectively; and in 2021 and 2022, 42 and 46 respectively (Cox, et. al., 2023). Recently, mental illness has become a focal point of state policy in address school shootings with extreme risk laws or red flag laws gaining traction among state legislatures. These laws allow courts to issue an “Extreme Risk Protection Order” (ERPO) that permits law enforcement to temporarily remove firearms from individuals regarded by a judge to be a threat to themselves or others. Frequently, family and friends request these orders out of concern about a loved one who has access to at least one gun and has voiced suicidal thoughts or talked about shooting others (Delaney & Charles, 2020; Williams, 2019).
Key Terms in this Chapter
Red Flag Laws: Laws that permit family members and others to request that a judge order police to temporarily remove firearms from individuals who are believed to be a danger to themselves or others.
Mass Shooting: A homicidal incident of violence, usually involving a gun and resulting in multiple fatalities and injuries.
Marjory Stoneman Douglas High School Shooting: On February 14, 2018, Nikolas Cruz, an expelled student, entered his school in Parkland, Florida and opened fire, killing fourteen students and three staff members, and wounding seventeen 17. The reaction to this mass shooting resulted in significant policy action at the state-level on gun-safety policy.
District of Columbia v. Heller: 2008 U.S. Supreme Court decision upholding an individual’s right to firearm possession.
Bureau of Alcohol, Tobacco, Firearms and Explosives: U.S. Department of Justice law enforcement agency charged with safeguard the U.S. public.
Social Regulatory Policy: Policies that restrict individual behavior based on morality, public health, or safety concerns.
Bipartisan Safer Communities Act: Federal policy adopted following the May 2022 school shooting at Robb Elementary School in Uvalde, TX. Among its provisions are inducements encouraging states to adopt red flag laws.