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Buffalo supermarket shooter raises questions around "red flag" laws
CGTN

In the fallout from the deadly U.S. shooting attack last Saturday at a Buffalo supermarket by an 18-year-old suspect, New York’s “red flag” laws have come under scrutiny.

A "red flag" law gets its name for when a person exhibits a "red flag" or some other indicator that they may harm themselves or others.

According to reports, the alleged shooter made threatening statements last June about a shooting at his high school, leading to a mental health evaluation in a hospital.

Nevertheless, the state’s “red flag” law failed to stop the alleged gunman from legally purchasing an AR-15 style rifle.

What are Red Flag Laws?

At least 19 U.S. states and Washington, D.C. currently have "red flag" laws, commonly known as an extreme risk protection order, as a form of gun control.

Certain people can petition a court for an extreme risk protection order, which would prevent an individual from legally possessing or purchasing a gun for up to one year and would allow police to seize firearms for that period.

Police would initiate the petition against people who have a criminal history, but in some states, family members, health professionals and school administrators can also file these complaints.

New York implemented its "red flag" law in 2019. Since then, judges have issued nearly 600 orders barring people from possessing firearms because they posed a danger.

The law also allows teachers and school administrators the ability “to prevent school shootings by pursuing court intervention.”

Why did the law fail?

It is not clear why New York police did not seek an extreme risk protection order for the suspected shooter in the Buffalo massacre, but according to the New York Times which quoted the state police, they mentioned that the suspect “had not named a specific murder target.”

According to the New York Times, the application order form includes checkboxes for categories of concerning behavior, including threats of physical force, violation of an existing order of protection, substance abuse or reckless use or brandishing a gun.

A law enforcement official in New York says hundreds of school threats are called in each year, leaving authorities to make a decision on what action to take after interviewing students and parents, the New York Times said.

New York Governor Kathy Hochul announced new provisions to strengthen the "red flag" laws, by commanding state police to seek emergency orders to bar individuals from possessing weapons when they are believed to be a threat to themselves or others.

Gov. Hochul will also implement new strategies to fight domestic terrorism, including creating a new unit, headed by the state police, to track violent extremism online. She also pledged to put more pressure on social media companies to moderate hate speech.

Gun production triples since 2000 in U.S.

As the U.S. reels from multiple mass shootings, a report from the Bureau of Alcohol, Tobacco, Firearms and Explosives found that the annual manufacturing of guns nearly tripled over the last two decades.

Starting in 2009, Glock-type semi automatic handguns, used for personal protection, began outselling rifles, according to the report.

The numbers also showed the rise in gun manufacturing, going from 3.9 million annual domestic gun production in 2000 to 11.3 million in 2020. According to a survey from the Small Arms Survey, the U.S. has more than 400 million guns.

President Joe Biden said this week he will redouble his efforts “to convince Congress” to enact gun control measures, though he admitted it would be difficult to influence some lawmakers.

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