The Corner

Law & the Courts

Red Flag Laws Are Useless If No One Uses Them

I recognize the potential pitfalls of red-flag laws, but I think they are the only potential anti-gun-violence measure — besides raising the age to purchase a rifle to 21 — that directly interacts with any of the mass shootings. As we’ve talked about on The Editors podcast repeatedly, the problem is that people are going to be reluctant to take the step to flag family members. Meanwhile, other people may assume that a worrisome kid is someone else’s problem, and authorities may have only fleeting contact with a troubled youth. Charlie makes good points below wondering why the Highland Park shooter wasn’t arrested. Failing that, he certainly should have been red-flagged.

Reuters has more on this:

According to Covelli, police responding to the second incident seized a collection of 16 knives, a dagger and a sword from Crimo’s home in Highland Park, Illinois, the Chicago suburb where the shooting occurred on Monday. But no arrest was made as authorities at the time lacked probable cause to take him into custody, the sheriff’s sergeant said.

“There were no complaints that were signed by any of the victims,” Covelli explained.

Later on Tuesday came a separate statement from the Illinois State Police recounting that the agency had received a report from Highland Park Police declaring Crimo a “clear and present danger” after the alleged threats against relatives in September 2019.

At the time, however, Crimo did not possess a state “firearm owners identification (FOID)” card that could be revoked or a pending FOID application to deny. So state police involvement in the matter was closed, the agency said.

State police also said no relative or anyone else was willing “to move forward with a formal complaint” or to provide “information on threats or mental health that would have allowed law enforcement to take additional action.”

Three months later, at age 19, Crimo applied for his first FOID card, under his father’s sponsorship. But because no firearm restraining order or other court action against Crimo had ever been sought, “there was insufficient basis to establish a clear and present danger and deny the FOID application,” state police said.

More:

The state police said that when officers who visited the family’s home over the alleged threats Crimo made in September 2019, they asked him “if he felt like harming himself or others,” and that “he responded ‘no’.”

“Additionally and importantly, the father claimed the knives were his and they were being stored in (his son’s) closet for safekeeping,” state police said. “Based upon that information, the Highland Park Police returned the knives to the father later that afternoon.”

Everyone needs to adopt more of a “If you see something, say something” attitude toward young men flashing signs of potential danger.

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