Limiting access to firearms

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Risk management strategies should work to create a situation less prone to violence. One way to create a less volatile situation is to limit access to weapons when permissible under legal and constitutional protections.

NTAC research has shown that nearly three-quarters (73%) of mass attacks in the United States involved firearms, and over one-quarter (29%) of the attackers who used firearms met at least one criterion that federally prohibited them from purchasing or possessing a firearm.

In addition to existing federal laws, state law may establish additional restrictions on firearm possession. For this reason, it is important for the BTAU to consider if an individual is in possession of a firearm and, if so, whether that possession is legal.

Depending on the nature of the firearm possession, there are three primary strategies for limiting access, which include seeking voluntary storage, pursuing court-ordered removal, and enforcing existing firearms prohibitions.

Voluntary storage: Voluntary out-of-home storage of firearms is an informal process that does not involve a court order. With this strategy, an individual agrees to temporarily store their firearm with a trusted family member, friend, or participating storage facility (e.g., gun retailer or police department) for safekeeping.

Having a positive rapport with an individual of concern can be helpful in encouraging voluntary out-of-home storage.

This strategy can be helpful for BTAUs operating in a state where there are no avenues for court-ordered removal or situations in which the criteria for court ordered removal have not been met.

Court-ordered removal: Some states have implemented extreme risk protection orders (ERPOs), also known as red flag laws, which allow for certain individuals (e.g., law enforcement or family members) to petition for the temporary confiscation of firearms from an individual of concern if the court agrees that the individual poses a risk of harm to themselves or others.

ERPOs follow procedural due process to protect the rights of gun owners while providing an important public safety tool for communities to limit access to firearms in cases where an individual poses an articulable risk of violence.

Enforce existing firearms laws: Another strategy for limiting access to weapons is to enforce existing laws designed to keep firearms from individuals who are not legally permitted to possess them.

NTAC research has found that many mass attacks in the United States involved a firearm that was illegally possessed at the time of the attack.

Federal law has established several longstanding prohibiting factors that make it unlawful for certain individuals to purchase or possess a firearm, including a prior felony conviction, a dishonorable discharge from the military, and being the subject of a current restraining order. Other noteworthy prohibiting factors include illegal drug use within the past year and any prior conviction for a crime of domestic violence (felony or misdemeanor).

All law enforcement and other public safety officials must be aware of these restrictions, as well as any additional state or local restrictions, and should take steps to ensure these laws are enforced.

In some instances, an individual of concern may not own or have access to firearms but may reside with someone who does. In these instances, the BTAU should speak with the owner and encourage them to reduce the individual’s ability to access the weapons.

If the owner is unwilling to remove the firearms from the home, the BTAU should discuss safe gun storage to ensure the firearms remain in a locked safe and to ensure the individual of concern does not have access to the combination or keys.

Law enforcement can also educate all parties involved regarding any legal restrictions on allowing firearms access to individuals who are prohibited from possession under federal law.

If criminal charges result in new firearms possession prohibitions (e.g., domestic violence conviction or felony conviction), the BTAU should work to ensure that any firearms are confiscated in accordance with existing federal law.

facilitating the consensual or temporary safe storage of firearms and other weapons;

petitioning the court for removal of firearms (e.g., ERPO);

providing a location for safe firearms storage when firearms are voluntarily forfeited or confiscated through legal means;

Family members can support management by: • petitioning for mental health commitments; • petitioning for ERPOs; • providing supervision and observing behavior in the home; • voluntarily securing weapons, thereby restricting weapons access; • assisting with transportation to treatment sessions; • providing insight into treatment compliance and progress; and • notifying the BTAU of behavioral changes or escalation of behaviors.

▪Petition for ERPOs ▪Supervise behavior in the home ▪Voluntarily secure weapons ▪Provide transportation for services and resources ▪Provide insight on compliance and progress ▪Notify BTAU of changes