Gun seizure law potentially may have been implemented, militating against the possession of Manhattan shooter's firearms. Such law was enacted a month prior to the violent outburst.
In the wake of a tragic incident at the 345 Park Avenue office building in New York, where Shane Devon Tamura, a Nevada resident, took four lives and injured another before taking his own life, the spotlight has once again fallen on the issue of gun control and mental health.
Tamura, who owned guns and had a Nevada license to carry a concealed weapon, had been placed on a psychiatric hold in 2022 and 2024 after threatening to take his own life. However, the specifics of Nevada's red flag laws, designed to prevent such incidents, are worth exploring.
Nevada, like California, Florida, and several other states, has a red flag law in place. Known as a High Risk Protection Order (HRPO), this law allows courts to confiscate firearms and block new purchases for up to one year if a person is deemed a danger to themselves or others. Despite this, Nevada issues very few such orders, partly due to limited law enforcement training and political resistance.
California, on the other hand, has a more actively enforced Gun Violence Restraining Order (GVRO) law. This allows family members, law enforcement, and sometimes others to petition courts to remove firearms temporarily from dangerous individuals, including those with recent mental health crises.
Florida uses Risk Protection Orders (RPOs) for similar purposes. These can be initiated by law enforcement or family members following acute mental health events or threats.
Texas, however, does not currently have a statewide red flag law. This means that individuals who have undergone mental health crisis holds are not subject to a formal risk protection order restricting firearm ownership at the state level.
The recent Nevada law allows for an involuntary detention of someone who is deemed a danger to themselves or others, during which authorities can temporarily seize their firearms and could lead to a five-year prohibition. However, gun rights groups such as the Nevada Firearms Coalition oppose this law, stating that rules around the confiscation and return of firearms are vague and place an undue burden on the accused for the return of their property.
The issue of red flag laws and gun seizures over mental health concerns has not been fully addressed by the Supreme Court. The case of Caniglia v. Strom, which involved police confiscating firearms from a man they took for observation, ruled that such justification does not give officers blanket authority to seize them.
In a positive step towards addressing this issue, a bill has been introduced that would authorize and establish guidance for federal courts to issue extreme risk protection orders, allowing family members to request a federal court order which would remove access to firearms for someone who is deemed a danger to themselves or others by the court.
It's important to note that people living with a mental illness are far more likely to be a victim of gun violence than a perpetrator. Tools such as extreme risk protection orders, or red flag laws, become critically important not just to be enacted as law but "heavily utilized by both law enforcement and families when appropriate," especially for individuals who are at an increased risk of behavior, particularly around self-harm.
As the debate around red flag laws and gun control continues, it's clear that a balanced approach is needed to ensure the safety of all citizens while respecting individual rights. Currently, 21 US states have implemented a red flag law, and it's hoped that more states will follow suit, providing a safer environment for all.
References: 1. Giffords Law Center 2. Brennan Center for Justice 3. NPR 4. The Trace 5. Gun Violence Archive
- Science and health-and-wellness experts stress the importance of heavily utilizing red flag laws, particularly for individuals at an increased risk of self-harm, as people living with a mental illness are more likely to be victims of gun violence than perpetrators.
- In the realm of politics, a bill has been introduced that would authorize and establish guidance for federal courts to issue extreme risk protection orders, a potential step towards addressing the issue of red flag laws and gun seizures over mental health concerns.
- From the world of general news, it's reported that currently, 21 US states have implemented a red flag law, with hopes that more states will follow suit, providing a safer environment for all.
- In the context of crime-and-justice, the case of Caniglia v. Strom, decided by the Supreme Court, addressed the issue of police confiscating firearms from a person taken for observation, ruling that this justification does not give officers blanket authority to seize them.
- Meanwhile, in the arena of casino-and-gambling and Las Vegas specifically, the tragic incident at the 345 Park Avenue office building has brought the issue of gun control and mental health into sharp focus once more, with questions surrounding the effectiveness and implementation of red flag laws arising.
