Florida High School Shooting Calls for Action
Real answers versus political rhetoric
The shooting at Marjory Stoneman Douglas High School in Parkland, Florida stirs many emotions. Some of anger and feelings of total devastation. Seventeen beautiful souls lost their lives due to the actions of a single mentally disturbed individual. Parents who look forward to their children having their own families now to do the unthinkable, bury their children. We have been here before and even one time is a time too much. Several questions arise, What should society do? Where do we do from here?
It is critical to address school safety by taking actions that make sense and what will actually work versus those actions that are driven by emotion. When these events occur, there are those who look to push an agenda off of a tragedy instead of addressing the facts on the ground and the pathology of what actually occurred. In this particular case, there was a breakdown on several levels on the part of government in which red flags were ignored and where current policy was ignored.
The shooter, Nikolas Cruz was known to law enforcement and there were concerns with his mental state. So how could someone who had identified mental health concerns lawfully purchase a semi-automatic rifle? When a person attempts to purchase a firearm, they must first have their name and other information run through the National Instant Criminal Background Check System (NICS). If the response comes back as cancelled or denied, the person cannot purchase a firearm. If it comes back as delayed, the seller must wait three business days. Unless a specific denial is issued, the seller can sell the firearm to the buyer at the end of this time period.
Like every other system or database, it is only as accurate as the information entered. This was not more evident in Sutherland Springs church shooting in Texas this past November. The shooter in that case was convicted of domestic violence while serving the Air Force, served one year in a military prison and was dishonorably discharged yet the information was not entered into the NICS data base. In the Florida shooting, the authorities had multiple opportunities when interacting with Nikolas Cruz in which these interactions should have lead to criminal charges or other governmental action which then would have been entered into the NICS data base.
The breakdown in this case was significant and at all levels of government. Mr. Cruz was well known to local authorities in the Broward County Sherriff's office who responded to his home thirty nine times over a six year period. During some of those calls, Cruz was noted to have mental illness, was on medication, engaged in domestic violence or acts of violence and talked about purchasing a firearm. The FBI was alerted on two occasions within the past six months with specific information. One was a tip to the FBI hotline noting that Cruz who possessed firearms "had a desire to kill people" and the 2nd tip alerting the FBI to a YouTube comment in which Cruz stated, "I'm going to be a professional school shooter". Both tips were not acted on. Cruz also was receiving counseling and was on medication. Cruz was also expelled from the high school due to behavioral problems in which some media outlets reported were related to violent behavior. What makes the story even more heart wrenching is the failure of the armed school safety officer to enter the school and engage the shooter which may have resulted in more deaths.
It is indisputable that Cruz had known mental health issues and should have never been allowed to purchase a firearm. The problem was the failure of governmental authorities to take action such as arresting Mr. Cruz for making terroristic threats as well as for ignoring tips about his impending desire to use a firearm in the commission of an act of violence. If he was arrested, his arrest for terroristic threats or acts of domestic violence would have been entered into the NCIS data base which would have resulted in a denial by the NCIS database which would have prevented him from legally purchasing a firearm. If he was brought in for emergency psychiatric evaluation and was committed, this information would have been entered into the NCIS data base causing Cruz to be ineligible to purchase a firearm.
Currently in the majority of states, if a Police Officer believes that an arrest is warranted on a charge of domestic battery or threats of violence, a person's firearms are removed and vouchered by the Police. If the charges are dismissed, the person can get their firearms back. In exigent circumstances, if the Police believe a person is a danger to themselves or others, they can be taken to a hospital and be evaluated. If they are deemed not be a threat to themselves or others and do not have a diagnosable condition in which they should not have access to firearms, their firearms would be returned. If there is a dispute, the party has a right to a hearing to have their right to own a gun restored.
The question is what is the right approach to address the gaps which have allowed people like Nikolas Crux to purchase firearms? The first step is to review the procedures of the Broward County Sherriff's Department involving interactions with persons who exhibit mental illness, determine if further training is necessary and whether a new policy regarding the sharing of information should be established. The FBI must conduct a review as to why the agency failed to investigate two tips received on their hotline and whether a change in policy is warranted. Both reviews should be made public and shared with all of the nation's law enforcement agencies. These steps are specific to the Florida shooting.
Overall, it is important to improve reporting among states, law enforcement agencies, courts, hospitals and other governmental agencies with information to the National Instant Criminal Background Check System (NICS). As to protective orders in which a third party can petition a court to remove firearms from a person they believe are a danger to themselves or others, the language of some state statutes are so broad that an ex girlfriend or boyfriend's complaint alone can be the basis for the removal of one's firearms. Enhanced Police training would improve the level of response to complaints regarding mental illness and the possession of firearms without infringing on due process. Improved information sharing between agencies with the appropriate constitutional safeguards would also help identify those who should be prohibited from purchasing firearms.
The most often overlooked aspect of school shootings is the hardening of schools which are soft targets. Just like 911 changed how we allow access to other public spaces, schools must be included. Entry and exit doors must be locked while school is in session and all doors must be constructed of materials that can withstand gunshots and forced entry. School classrooms should be locked while class is in session and school buildings should be more segmented allowing for lockdown of different areas to limit access should there be an active shooter. Schools need to have updated technology such as cameras, alert systems and communication links with local Police agencies. School safety plans need to be updated and selected school personal should be armed. If an untrained shooter can kill dozens of people, a trained teacher or school official can increase the odds of children surviving a school shooting.
The other proposals on the table, banning bump stocks and raising the age to 21 to be able to purchase a rifle, the first has merit and the latter is too broad. There is a compelling governmental interest in ensuring that semi-automatic weapons are not converted into fully automatic as a fully automatic belongs on the battlefield. Raising the age to 21 to purchase a rifle punishes all adults who are 18 years old and does not restrict the possession of a firearm to those under 21. Under current law in many states, children age 12 or older can hunt and are able to use a firearm under adult supervision.
The most radical proposal, banning so called assault weapons is just as disingenuous as when it was last implemented on the federal level. The majority of hand guns and rifles are semi-automatic. It takes one pull of the trigger to fire one bullet. The accoutrements such as a adjustable stock, pistol grip, flash suppressor and bayonet attachment do not create an "assault weapon" as these firearms remain semi-automatic. The first three mentioned accoutrements serve a purpose when using the rifle to target shoot or for hunting. The bayonet attachment can be found on many rifles used during the 1st and 2nd World War and are often purchased as collectibles. The ban was not actually a ban as it only prohibited the manufacture, purchase or transfer of any of the identified firearms but did not ban the possession of those identified firearms manufactured prior to the ban. Several studies have shown that the so called ban had no impact on violent crime rates.
Any effort to address school shootings must take into consideration what we have learned from this shooting as well as those before. It cannot be based on emotion and must be consistent with the protections afforded by the 2nd Amendment. The goal is to protect our children and ensure that when they are in school, they are safe. To do otherwise is just politics as usual.