Thoughts and prayers. After years of mass shootings and gun violence, all the country has to show for the bloodshed is a long stream of condolences. Following shootings in Parkland, Oxford, UVA and countless other locations, legislators nationwide have advocated for strong reform, only to repeatedly come up short. Support for legislation curtailing access to some types of firearms draws support from 71% of Americans, yet the drastic measures proposed by activists on the left have caused a stalemate with right-wing lawmakers, preventing any significant legislation from being passed.
In order to escape the endless cycle of carnage and inaction, it’s time for the left to reevaluate its policies and focus on measures that enjoy higher support from the American people. Rather than advocating for assault rifle bans and mandatory buyback programs, legislators should focus on measures like red flag laws, background checks and limits on the sale of high-capacity magazines, which have bipartisan support and a far greater chance of being implemented. Though these reforms certainly won’t stop all violence, they’ll go a long way toward improving safety in our communities and breaking decades of deadlock on gun reform.
Since the Sandy Hook shootings a decade ago, numerous attempts to counter gun violence have come up short. The most successful of those measures, the Bipartisan Safer Communities Act, which was passed in 2022, makes positive change but leaves many issues unresolved. Though it supports funding for red flag laws, closes the “boyfriend loophole” and provides significant mental health funding, the bill fails to mandate red flag laws nationally and doesn’t close major background check loopholes regarding private gun sales and the unavailability of mental health histories. In order to improve the safety of cities nationwide, it’s paramount that we enact more measures on the statewide and national level that make strides toward rectifying a chaotic system of gun ownership. Our best hope to pass tangible legislation lies in tempered measures that correct flaws surrounding the current gun purchase procedures, rather than banning classes of weapons outright and uprooting a convoluted system that has been in place for decades.
One of the most actionable and popular propositions is the creation of a national red flag law. A whopping 48% of mass shooters inform others of their plan before their attacks, making many tragedies preventable. Red flag laws, which allow courts to authorize the temporary confiscation of deadly weapons from individuals who are a threat to themselves or others, are a key tool in foiling attackers. Though only 19 states currently have such laws, they were used 626 times between 2013 and 2020 to stop individuals deemed credible mass shooting threats. By implementing these laws nationwide and improving transparency to encourage individuals to report threats, we can build upon a pre-existing framework to prevent bad actors from carrying out their deadly plans.
Promisingly, Congress passed $750 million in red flag law funding in this year’s bipartisan gun reform bill, demonstrating a willingness to support such programs. Through enacting a nationwide law, lawmakers have the opportunity to standardize statewide procedures and provide the infrastructure necessary for all 50 states to save lives through the policy.
Another important step that leaders must take is closing loopholes in background checks. Currently, there are many egregious loopholes that prevent the background check system from functioning as desired. One of the most prominent ones is called the “Charleston loophole,” which allows individuals to purchase guns if their background checks aren’t completed within 72 hours. While only 1% of screens completed in that time frame are denied, an estimated 5% are denied when that process is extended beyond three days. This discrepancy causes many checks to ignore critical information that can’t be obtained in time, leading many individuals’ criminal records and history of violence to be ignored.
Even more concerning, gun purchases administered by private sellers are often subject to no background checks at all. Known as the “gun show loophole,” unlicensed dealers selling online or at gun shows aren’t required to conduct background checks on their clients. With 22% of all gun purchasers undergoing no background checks, many people who would be flagged circumvent the requirement. This loophole only serves to benefit violent individuals who seek to obtain deadly weapons, so there is little justification for preserving it. With 93% of Americans, including 89% of Republicans, supporting required background checks on all gun sales, closing this loophole would be widely popular and make a major impact.
Finally, legislators should consider limiting the sale of high-capacity magazines, especially for those under 21 and with histories of mental struggles. High-capacity magazines, which hold more than 10 rounds and often up to 100, were banned by Congress in 1994 as part of the Clinton administration’s Federal Assault Weapons Ban. After sunsetting in 2004, legislation surrounding the regulation of magazines has stalled, primarily due to outrage surrounding proposals for complete bans of assault weapons. By allowing the sale of such weapons and instead placing restrictions on the sale of the ammo itself, lawmakers can ensure that large clips of ammunition, which are designed to inflict maximum fatalities, don’t get into the wrong hands.
59% of mass shootings from 2009 to 2018 utilized high-capacity magazines, and the use of such ammunition caused five times more people to be shot, demonstrating the critical effect that legislation to restrict the sale of them could have. By prohibiting the sale of high-capacity magazines to those under 21, which is far higher than the median school shooter age of 16, officials can limit casualties in many attacks and lessen the likelihood of attempted violence. Further, by increasing the scope of background checks utilized in the purchase of assault weapons to better incorporate mental health data, screens will have a far greater chance of identifying warning signs ahead of time. Though federal law prohibits those with a history of mental health issues from owning guns, this criteria is often loosely enforced. By making restrictions more stringent for lethal weapons, however, those with glaring mental health issues will be prevented from obtaining weapons to cause harm.
While there is no cure-all for gun violence, there are many steps that can be taken at the state and federal level to drive real progress. With Michigan Democrats controlling both the Governor’s mansion and the Legislature for the first time since 1984, they have an opportunity to capitalize on limited Republican opposition and pass many critical measures. In particular, Michigan should move to implement a statewide red flag law, close the Charleston loophole and work with local school districts to increase mental health funding and information about how to report suspected shooters.
Though action on the federal level will be more politically challenging due to the gridlocked Congress, the popular support of the American people for these measures and lawmakers’ willingness to compromise on gun legislation earlier this year makes change seem plausible. By proposing measures like these, which stop short of banning assault rifles or particular types of ammunition entirely, Democrats have a better chance of swaying Republican votes. We can only hope that by pushing legislation that eschews highly partisan proposals, legislators can finally take more actionable steps toward making communities safer.
Nikhil Sharma is an Opinion Columnist & can be reached at nsnikhil@umich.edu.