Florida shooting sparks debate on red flag laws
SACRAMENTO: The warnings around Nikolas Cruz seemed to flash like neon signs: expelled from school, fighting with classmates, a fascination with weapons and hurting animals, disturbing images and comments posted to social media, previous mental health treatment.
In Florida, that was not enough for relatives, authorities or his schools to request a judicial order barring him from possessing guns.
Only five states have laws enabling family members, guardians or police to ask judges to temporarily strip gun rights from people who show warning signs of violence.
Supporters of these measures, deemed “red flag laws” or gun violence restraining orders, say they can save lives by stopping some shootings and suicides.
Florida, where Cruz is accused of using an AR-15 assault weapon to kill 17 people at his former high school, lacks such a law.
He was able to legally own the semi-automatic rifle, even though his mother, classmates and teachers had at times described him as dangerous and threatening, and despite repeated police visits to his home.
Red flag legislation has been introduced by Democratic state lawmakers, but it has not been heard during this year’s session and its fate is uncertain in a state legislature controlled by Republicans, who generally favour expanding gun rights.
After last Wednesday’s shooting, Republican Gov Rick Scott said he would work to make sure people with mental illnesses did not have access to guns, but offered no specifics.
Florida’s GOP Sen Marco Rubio – facing criticism from support he has received from the National Rifle Association – is going a step further.
Rubio said on a Sunday morning show that state legislators should “absolutely” consider enacting a law enabling family members or law enforcement officials to ask a court to remove guns from a person who poses a danger.
Rubio, who once served as Florida’s House speaker, told Miami CBS affiliate WFOR that it was an “example of a state law” that could have helped prevent the Florida shooting.
In 2014, California became the first state to let family members ask a judge to remove firearms from a relative who appears to pose a threat.
Its legislature took action after a mentally ill man, Elliot Rodger, killed six students and wounded 13 others near the University of California, Santa Barbara, before killing himself.
California’s law also empowers police to petition for the protective orders, which can require authorities to remove firearms for up to one year. Connecticut, Indiana, Oregon and Washington also have some version of a red flag law.
More than a dozen others, including Hawaii, New Jersey and Missouri, are considering Bills to enable family members or police to petition the courts to take weapons away from people showing signs of mental distress or violence.
The Florida shooting has also revived debate on whether teachers and school administrators should have that authority too, given that people at Cruz’s high school witnessed much of his erratic behaviour.