I have been asked over and
over again about my thoughts on mass shootings.
Well, if you have the stomach for it, read on. I am going to trounce the 2nd and
4th Amendments as well as patients’ rights, politicians and artists.
Recommendation One:
It is a mistake to attempt to
craft policy in response to a single incident.
Bad legislation results from our knee jerk reaction to bad stuff. I think this is especially true as it relates
to mass murders, spree killers and serial killers. I don’t
think we know enough about the problem.
Before we make any changes we need a good analysis of the people who commit
these crimes. Are there any
commonalities in the personalities? In
the warning signs? In weapon
choices? Target selection, etc. Just as we did with Lyndon Johnson’s Crime
Commission we need a presidential commission that studies mass violence in
America. We need clear and concise
answers and recommendations from well considered research.
In fact, everything else I am
going to recommend is based on my education, training and experience, it isn’t
science it is only relatively informed opinion.
Recommendation Two:
Over and over again we hear
about mental health issues. We need to
change the ethical and legal mindset of the mental health field. They must move from having a duty to report to
being mandatory reporters. In many
States (perhaps all), there are mandatory reporting laws for child abuse. We need mandatory reporting laws for
potential violence. Professionals, such
as mental health professionals, teachers, police officers and social workers must
be legally required to report and investigate potential violence. Simply, if you know or have reason to know,
that someone has access to a firearm and that they have any violent, homicidal
or suicidal thoughts, it must be reported to the police. And, the police must conduct an
investigation.
There should be criminal and
civil penalties if a mandatory reporter fails to report. Furthermore, we must look across all 50
States and ensure that the concept of “danger to oneself or others” is clearly
defined, consistent and well understood.
Recommendation Three:
If the police become aware, perhaps
through a mandatory reporter, that someone has access to firearms and may commit
an act of violence, the police must investigate. Moreover, just as with many domestic violence
laws, police must be able to, without warrant, seize firearms until a court
hearing. If someone has a gun or access
to a gun, and they act in manner indicating they are a danger to themselves or
others, the police should take the gun away.
Recommendation Four:
The sale of firearms is
clearly a Federal issue. We use the
Interstate Commerce clause to enforce pot laws.
Yet, a person can’t buy a firearm in California from a private party
without going through a standardized process and that same person can purchase
from a private party without going through the process in Nevada or
Arizona. Clearly, gun sellers in Arizona
have a competitive edge over Californian sellers. Because guns are easy to transport, conceal
and use, we, as Americans, have the right to know that all gun laws are
consistent. At a minimum, every American
who purchases a firearm must have a background check, wait the 14 days and
register the weapon.
Recommendation Five:
The gun lobby has it right –
guns don’t kill people, people kill people.
We need to hold them to that mantra – and register people. If you want a gun you must take a safety
test. We give simple online tests to
people who want a student loan. We
require tests to drive a car. We must require
a simple test on safety and responsibility before the purchase of a firearm.
Recommendation Six:
We must make negligently
handling a firearm a criminal offense.
If you don’t store the gun properly (such as locking it up), you should
be guilty of a crime. As a follow on to
that, every guns sale should require 1) a trigger lock or 2) an affidavit signed
under penalty of perjury that you have a gun safe. Safely storing a firearm must be a legal
requirement.
Recommendation Seven:
We need a greater uniformed
police presence at every school. As long
as guns are pervasive in our society, someone is going to use one at a
school. There are too many guns, too many crazy people
and too many unprotected children. Yes, it
is expensive – see recommendation seven.
Recommendation Eight:
We should tax firearms,
ammunition and gun-related products like we do cigarettes. They have many
commonalities – chief among them – when used properly someone dies. I’m a
smoker and I own firearms. I don’t like
the taxes but I get it. We should use
this money to pay for the online testing, the paperwork of registering the
firearms and the extra cops.
Recommendation Nine:
People who commit these
crimes should become anonymous to society.
We should not speak their names – they are the Oklahoma City Bomber, the
Columbine Murderers, etc. Beginning with
our news media we should make it clear that to commit this violence is to
become a non-entity. Indeed, I propose
that we create civil law giving the victim’s survivors rights to the offender’s
remains. If the offender is killed
during the incident – cremate them, dispose of the ashes and leave no marker –
no remembrance.
Recommendation Ten:
I can’t prove it and I know
the research is inconclusive, but I think violence in our art (music, television,
movies and gaming) is partially to blame for the de-sensitizing of
Americans. All you movie makers who have
to show us the exploding heads, you game designers who glamorize violence and
you musicians who sing hate – I think you have something to do with it. Furthermore, I don’t believe art so much
reflects life as much as it foreshadows what we can become. There needs to be a national conversation
among artists on violence in their art forms. There needs to be a paradigm shift in our
society regarding violence. It must
become that violence, like racism is unacceptable. I believe artists should be leading the way.
Recommendation Eleven:
Stop the zero sum politics because
it has created a zero sum battlefield.
We seemed to have reached a point where it is all or nothing – either we
take all the guns away (the left) or we arm everyone (the right); we are either
red or blue. Well, one thing is for
certain – we all bleed red.
About the Author
Lt. Raymond E. Foster, LAPD
(ret.) has spent 32 years in law enforcement and education. After a 24 year career with the LAPD, we has
taught a colleges and universities, authored nine books and worked on national
as well as international police consulting projects. You can read more about him at
www.police-lieutenant.com
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