I’ll start off by saying I support the second amendment and law enforcement. Guns are an equal opportunity killer. No matter what race or color a bullet could have your name on it for no reason at all. A horrific topic to discuss may be the catalyst that brings our nation together.
The solution to mass shootings lies in software integration for law enforcement.
The signs and behavior of a mentally disturbed mass shooter are almost always present, but we ignore them.
California has the “Red Flag Law,” a gun-prevention law that permits police or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves. A judge makes a determination based on statements or actions made by the gun owner.
The FBI’s National Data Exchange (N-DEX), NICB (Criminal Background Database) and NIBIN (National Integrated Ballistics Information Network) can be linked up and made available to all law enforcement to verify gun ownership. The gun ownership databases can easily be linked to DMV databases when officers run warrant checks on subjects. This can be made an easy and effortless protocol for law enforcement.
All modern law enforcement units are equipped with MDT’s (onboard computers).
When any police contact is made with subjects displaying “irrational or dangerous” behavior, officers have the discretion to run the subject through the integrated gun ownership database.
Once a “hit” comes back that the suspect is a gun owner and displays “dangerous” behavior, the police officer can activate his body cam (in 2018 most large departments mandated body cams be worn by all officers responding to crime calls).
The officer’s body cam can record any behavior in real time. A mental health unit can be dispatched to review the footage and further question the subject detained. A determination can then be made by the mental health unit and police officers whether to confiscate the gun or guns.
The subject may voluntarily relinquish the gun or guns to the police and be issued a citation to appear within 30 days before a state judge to determine disposition of the gun or guns.
If the subject refuses to voluntarily surrender the gun, police will “sit” on the residence or vehicle and obtain an emergency order to confiscate the gun. Most police departments have a 24-hour detective, who works every shift, who can request the order from a 24-hour on-call judge or magistrate.
During the 30-day period, detectives will interview family, coworkers, neighbors, friends and review social media. A report will be attached to the temporary order along with the body-cam footage of the incident.
If the subject fails to appear in court, they automatically lose their guns and the ability to own a gun for 10 years.
At the court date, the city attorney will submit a report, footage and call witnesses. The subject can hire an attorney and mental health expert and call witness to defend his gun ownership. The judge will determine if the subject is fit to own a gun within a limited one-hour hearing or mini-trial evaluating all the evidence under submission (much like a temporary restraining orders hearing). During any appeal, the guns will remain in police custody.
The state wins either way, as a gun was removed for 30 days (a cooling-off period) while law enforcement investigators have the ability to investigate the subject.
A lot changes from the time someone buys a gun in good faith for home protection, hunting or target practice to the time when someone becomes mentally stressed and this gives law enforcement the ability to determine if someone is safe to own a gun.
We have the ability to implement this program right now. Let’s prevent the next mass shooting today.
Michael Sapir is a real estate developer and the CEO to Sapir Real Estate Development.
