How the Guardianship System Can Help Address Gun Violence

This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.

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Use of extreme risk protection orders to reduce gun violence in Oregon

Criminology & Public Policy ◽

10.1111/1745-9133.12544 ◽

2021 ◽

Author(s):

April M. Zeoli ◽

Jennifer Paruk ◽

Charles C. Branas ◽

Patrick M. Carter ◽

Rebecca Cunningham ◽

...

Keyword(s):

Gun Violence ◽

Protection Orders ◽

Extreme Risk ◽

Risk Protection

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Gun Regulations to Reduce Harm Caused

Examining Gun Regulations, Warning Behaviors, and Policies to Prevent Mass Shootings - Advances in Human Services and Public Health ◽

10.4018/978-1-7998-3916-3.ch010 ◽

2021 ◽

pp. 147-164

Keyword(s):

Public Support ◽

The United States ◽

Gun Violence ◽

Political Climate ◽

Mass Shootings ◽

Background Checks ◽

Protection Orders ◽

Extreme Risk ◽

Risk Protection ◽

Policy Proposals

This chapter marks the start of the final section of the book, which focuses on the landscape of gun policymaking in the United States. The intention of this chapter is to examine gun policy proposals believed to reduce incidences of mass shootings and gun violence as a whole. Gun violence prevention advocates provide policy suggestions and deliberate about their chances of gaining traction, considering estimated levels of public support and the current political climate. Discussed first of all are proposals centering on restricting the lethality of weapons (e.g., those focused on ammunition, large capacity magazines, and assault weapons). Policies centered on reducing firearm access to restricted persons are then discussed: extreme risk protection orders, safe storage laws, and universal background checks. Lastly, other miscellaneous proposals are deliberated: age restrictions, ghost guns, funding for research pertaining to guns, a licensing system for firearms, and smart gun technology.

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Extreme Risk Protection Orders—A Tool for Clinicians to Prevent Gun Violence

JAMA Health Forum ◽

10.1001/jamahealthforum.2021.0948 ◽

2021 ◽

Vol 2 (4) ◽

pp. e210948

Author(s):

Shannon Frattaroli ◽

Joshua M. Sharfstein

Keyword(s):

Gun Violence ◽

Protection Orders ◽

Extreme Risk ◽

Risk Protection

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A Double-Filter Provision for Expanded Red Flag Laws: A Proposal for Balancing Rights and Risks in Preventing Gun Violence

The Journal of Law Medicine & Ethics ◽

10.1177/1073110520979412 ◽

2020 ◽

Vol 48 (S4) ◽

pp. 126-132

Author(s):

Gabriel A. Delaney ◽

Jacob D. Charles

Keyword(s):

Law Enforcement ◽

Due Process ◽

School Administrators ◽

State Laws ◽

Policy Model ◽

Extreme Risk ◽

Life Saving ◽

Red Flag ◽

Risk Protection ◽

Main Component

In response to the continued expansion of “red flag” laws allowing broader classes of people to petition a court for the removal of firearms from individuals who exhibit dangerous conduct, this paper argues that state laws should adopt a double-filter provision that balances individual rights and government public safety interests. The main component of such a provision is a special statutory category — “reporting party” — that enables a broader social network, such as co-workers or school administrators, to request that a law enforcement officer file a petition for an Extreme Risk Protection Order (ERPO). A double-filter provision would not give reporting parties a right to file a court petition directly. Instead, parties would file a request for petition with law enforcement officers (first filter), who must seek an ERPO from the court if they find the reporting party's information credible. That information is then transmitted to the court (second filter) as a sworn affidavit of the reporting party. The goal is to facilitate a balanced policy model that (1) widens the reporting circle in order to feed more potentially life-saving information into the system, (2) mitigates the risk of erroneous deprivation of constitutionally protected due process and Second Amendment rights.

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