A Shift in Approach to Gun Violence

Enacting laws that restrict access to firearms is not novel. We have long prevented felons, those dishonorably discharged from the military, and certain domestic violence offenders from possessing or purchasing firearms. Categorical regulations, such as the aforementioned, tend to be overly broad but under-inclusive. 

Overly broad: A convicted felon whose felony conviction was from over 20 years ago and related to a non- violent offense cannot purchase or possess a firearm

Under Inclusive: A person with a new, undiagnosed mental illness may be displaying warning signs of potential gun violence, but can purchase and possess a firearm because the court has not yet deemed them mentally unfit

Although imperfect, I am not implying that laws preventing particular groups of persons from purchasing or possessing firearms should be abandoned. To this end, Extreme Risk Protection Orders (“ERPOs”) would not replace current gun regulations, but would add a much needed proactive, individualized form of protection.

We need to shift from conceptualizing gun regulation as a form of broad punishment to looking at it through a lens of individualized risk management.

The ERPO process can be triggered by various individuals, including family members, therapists, police officers, or friends, petitioning the court to restrict a person from purchasing or possessing firearms based on warning signs they have observed. These could include threats or attempts to harm themselves or others, significantly erratic behavior, reckless use of a weapon, and more. If, after hearing the petitioner, the judicial official believes that the person presents a risk to themselves or others, they can issue an order restricting their access to firearms. The ERPO is temporary and requires a prompt hearing, providing the person affected with notice and an opportunity to argue against the continued restriction of his or her access to firearms. After a full hearing with the affected person present, if the continued restriction is determined to be necessary, another temporary order can be issued.

Gun violence has got to be addressed proactively. To this end, ERPOs create a tailored, individually-specific process for restricting firearm access to people who pose an imminent threat of harm to themselves or others.