The Colorado shooting suspect wasn't deterred by the state's red flag laws. Here are 10 times mass shooters slipped through the cracks of their state's red flag laws
- In at least 10 mass shootings, suspects purchased guns despite being in red flag law states.
- Studies have shown that the measure can be an effective way to prevent mass shootings.
- But the law is only as strong as it is properly implemented and used, one researcher said.
As the US continues to be rocked by a chain of deadly mass shootings, lawmakers and the public have made loud calls to rein in firearm ownership through stronger federal gun laws.
'When will it stop?': LGBTQ community, Pulse survivors react to Club Q shooting in Colorado Springs
LGBTQ leaders, activists and Pulse shooting survivors said they feared for their safety after a mass shooting Saturday at Club Q in Colorado Springs.But once she turned on her television and saw a press conference detailing a mass shooting Saturday night at Club Q, an LGBTQ nightclub in Colorado Springs, Colorado, Leinonen put the pieces together quickly. Her son, Drew Leinonen, died from a mass shooting at the LGBTQ nightclub Pulse in 2016 in Florida.
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In June, President Joe Biden signed into law the Bipartisan Safer Communities Act — the most significant piece of gun legislation to pass in decades. Part of the bill included $750 million in federal funding for states to implement intervention programs such as gun restraining orders, more colloquially known as "red flag laws."
The scope of the law varies by state. Generally, it allows law enforcement, family members, and sometimes school staff to petition someone's firearms to be confiscated if they present a danger to themselves or to others.
"Red flag laws are an intuitive law and they're a popular law," Veronica Pear, a researcher in the Violence Prevention Research Program at the University of California, Davis, who studied red flag laws in California, told Insider. "And, anecdotally, we can say that they've disarmed many people who were making threats of mass shootings."
Colorado Springs community mourns Club Q shooting victims: 'We all feel shock and grief'
Mourners left flowers and signs in a memorial to the victims after a gunman opened fire in the Colorado Springs, Colorado, club, killing 5 Saturday.Couples holding hands and parents with babies bundled in fleece blankets shuffled along where a makeshift memorial of cellophane-wrapped flowers and handwritten notes had been steadily growing outside the gay and lesbian club since early Sunday.
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But the law is far from foolproof, Pear said.
On Saturday, a gunman entered an LGBTQ nightclub in Colorado Springs, Colorado, and killed 5 people and injured at least 25 others.
The Associated Press reported that in 2021 police responded to a call that the 22-year-old suspect threatened his mother with a homemade bomb — an incident that could have triggered Colorado's red flag law if it was enforced. The state also conducts universal background checks.
But these laws are only as useful as they are properly implemented, Pear said.
When California enacted the Gun Violence Restraining Orders in 2016, Pear's study found that law enforcement didn't take full advantage of the measure until at least two years after it went into effect.
"That would explain of course why we had so few orders issued in the first couple of years," she said.
Other issues Pear's research team found around implementation included a lack of funding for training and, in some cases, law enforcement's unwillingness to use the law, especially in areas where there is a strong culture of gun ownership.
What is collateral relief? Colorado Springs suspect had criminal record wiped before shooting
A new trend in criminal justice reform wipes the slate clean for some accused of crime. That happened for Anderson Aldrich, the suspect in the Colorado Springs attack.Back in 2021, sheriff's deputies in SWAT gear responded to his home for a bomb threat after he allegedly threatened his mother with a homemade bomb, forcing neighbors in surrounding homes to evacuate while the bomb squad and crisis negotiators talked him into surrendering.
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"There can be cultural barriers within police departments," Pear said. "In Colorado, we saw sheriffs coming out and saying that they would refuse to petition for these orders."
When the law is properly utilized, Pear and her researchers found that red flag laws can be effective.
In California, out of the 201 cases the state's gun restraining orders were utilized, almost 30% of them, or 58 cases, involved individuals making mass shooting threats, according to Pear's study.
Currently, 19 states and the District of Columbia have some form of a red flag law in place. About 16 of those jurisdictions enacted the law on or after 2018, following the Marjory Stoneman Douglas High School shooting in Parkland, Florida.
Insider found at least nine other cases of shootings with three or more fatalities, in which the suspect or perpetrator was known to have shown concerning behaviors, such as threats to themselves or the public, by mental health evaluators, law enforcement, or family members. And despite their state's gun restraining measures, the perpetrators were able to purchase a firearm.
Here are several cases where shooters and suspects slipped through the cracks of their state's red flag laws.
'There's blood on your hands': Anti-LGBTQ rhetoric surged ahead of Club Q shooting
Fifth Avenue in New York comes to a halt as Elton John performs outside iconic department store Saks, for their holiday window lighting. (Nov. 23)
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