As the debate over gun law reform continues in the wake of Jared Lee Loughner’s shooting spree in Tuscon, the biggest challenge will be finding a pragmatic solution that both sides of the gun control debate can support, and still addresses the fundamental issues in a comprehensive fashion. After all, gun control has historically been one of the most contentious areas in American politics.
Typically, on the subject of reducing gun violence through legislation, the loudest voices can be divided into two camps. On one side, guns are considered not merely instruments of violent people, but as actually creating or perpetuating violence. This group tends to focus on prohibiting certain configurations of firearms in the hope that if certain types of firearms are banned, criminals will be unable to inflict as much damage per incident.
A recent example is Rep. Carolyn McCarthy’s (D-NY) recently introduced bill to reinstate the ban on extended capacity magazines. The ban would limit firearm magazines to holding no more than 10 rounds. While it is difficult to articulate a need for an extended magazine in any civilian application, as a practical matter, changing magazines takes less than two seconds. This is not really an effective way to prevent shooting sprees as demonstrated by Seung-Hu Cho, the Virginia Tech shooter, who had nearly 20 magazines on him and went through half of them before committing suicide.
The other camp believes that putting guns in the hands of more people will counter gun violence by enabling ordinary citizens to defend themselves against criminal attacks. This group tends to introduce legislation to ease restrictions on carrying weapons, concealed or openly, and has recently gone so far as to attempt to legalize students and teachers arming themselves on college campuses. Any amount of time spent on or near a college campus after hours will cause most people to question the wisdom of arming mass groups of college students.
A more pragmatic approach, centered on comprehensive background checks and screenings to keep guns out of the wrong hands is necessary. This approach is also largely supported by both sides. Such an approach, unlike the polar alternatives, can deal with the fundamental issue surrounding the Tuscon tragedy, which is that Loughner was able to purchase a gun to begin with. This is a man who was removed from his community college because his professors, administrators and fellow students recognized that he posed a danger. Yet, 5 months later he was able to legally purchase a Glock 19 pistol, passing a background check without being flagged.
We need to work harder to identify and properly deal with people who are so psychologically troubled or demonstrably criminally inclined that they pose a legitimate risk to society. The signs were there with Loughner. Why was he not subsequently submitted for a 72-hour evaluation? Why is there not a system in place where, if a person is deemed to dangerous to attend Algebra class, he is not automatically flagged as, at least pending evaluation, too dangerous to purchase or own a firearm?
We need to develop a framework of comprehensive background checks and screening that is consistent across every state and includes exposure to a qualified firearms trainer who can evaluate, among other things, an individual’s capacity to safely and responsibly possess a firearm.
A proper information technology backbone is desperately needed in order to make a comprehensive background check system work.
Currently, each state government is responsible for reporting information to the federal system as a separate operation. A ridiculous mix of proprietary, incompatible, and isolated information systems throughout the country slows down, or even prevents, the exchange of relevant information.
According to research by Mayors Against Illegal Guns, 18 states have reported zero citizens with mental health records that would preclude them from owning firearms to the national background check database. It is the 21st century, and there needs to be an open standard for all levels of government information systems that ensures interoperability so that manual information exchange is not necessary.
Such a system must allow hospitals, police departments, schools, states, counties and cities to enter information once, and have it immediately available to the federal system. Loughner would not have been able to pass a background check if the information had such a system been implemented.
As important as effective background checks are, however, no technological solution can surpass the effectiveness of human judgment. More comprehensive training and screening should be required before someone is able to purchase a firearm. This training should give a certified firearms instructor enough exposure to the applicant to provide sufficient opportunity to evaluate their potential for responsible gun ownership.
Had Loughner spent 5 days with a trainer, part of whose job it was to evaluate a person’s ability to responsibly own a weapon, perhaps his clear psychological instability could have been flagged and the gun would have been kept the gun out of his hands.
Most professional weapons training programs are designed, in part, to filter out those who are unfit to be armed. Such a requirement for civilian ownership could greatly reduce the likelihood that an unstable individual could legally purchase a firearm, independent of the severely limited background check system
If our legislative leaders focus on constructing this type of framework, both sides of the gun control issue can find something to be happy about. Proponents of gun control can be satisfied knowing that far more effort is going into ensuring that dangerous weapons, of any configuration, do not end up in the wrong hands. Proponents of the individual right to bear arms can be satisfied that, unless they exhibit behavior or criminal tendencies that should disqualify them from gun ownership anyway, their rights to bear arms will go unmolested.
While every tragedy cannot be prevented, common sense steps can be taken to keep dangerous weapons out of the hands of dangerous people. A framework that focuses on a solid system for comprehensive screening is a good first step.