I wrote this article back in early 2018 and am republishing today. What’s your proposed legislation that will end mass shootings, once and for all. Despite a number of state and federal gun control laws already on the books, the mass shootings continue. Honesty, I don’t have any agenda, one way or the other. My heart is with the victims, their families, their friends and our first responders.
My idea, after much reflection, is for the state to fund and modernize school security, much like the courthouse or other government buildings. I see it as the only plausible and immediate solution. Otherwise, just add another gun control law to an already exhaustive long list.
More specifically, prevention of crime is the primary responsibility and role of law enforcement. With the current laws in effect, law enforcement has the present ability to:
Investigate. Make arrests. Prosecute;
Secure school campuses while they are in session;
Institute closed campuses at all times;
Institute remote camera surveillance on school campuses;
Encourage students and or anyone to report any suspicious or possible threats;
Create a hotline/website for reports.
Investigate all reports of suspicious or possible threats;
Use of technology to monitor social media traffic;
Impose metal detectors and x-ray baggage screening;
Create an emergency mass texting alert(s) for teachers, students and parents;
Increase law enforcement presence on school campuses;
Train students for active shooter drills;
First responder planning and readiness;
Ambulance and trauma center planning readiness;
Passing more criminal laws regarding guns will only affect law abiding citizens. The criminal element in society and mentally ill will continue to ignore any criminal laws. Our current laws, while punitive, have no deterrent effect whatsoever. Unfortunately, we can only prepare for the very foreseeable risk that this type of incident will occur again, so we must take immediate precautions and be viligant in our efforts to protect our children in school and or innocent victims in public places.
List of State and Federal Gun Laws Already in Effect:
In Florida, law enforcement can petition the court for a “risk protection order”, alleging that the individual poses a significant danger of causing personal injury to himself or others by having a firearm or any ammunition in his custody. If granted, the individual must surrender all firearms and ammunition in his custody, control or possession. FS 790.401
Florida Law prohibits the unlawful killing of another human being. FS 782.04. First degree murder in Florida is a capital offense, meaning that it is punishable by death. FS 775.082
Florida Law prohibits an individual, who is not licensed, to carry a concealed firearm. FS 790.01. This is a third degree felony, punishable by up to 5 years in prison.
Florida Law prohibits an individual from openly carrying a firearm. FS 790.053 This is a second degree misdemeanor, punishable by up to 60 days in jail.
Florida Law provides for strict regulatory process for the sale of a firearm, requiring background checks on all buyers, via the Florida Department of Law Enforcement (FDLE). FDLE is required to review “any records available” to determine if the individual buyer has been convicted a felony under state or federal law; has been convicted of a misdemeanor criminal of domestic violence under state or federal law; has been adjudged mentally defective or committed to mental institution by a court; whetter the buyer has criminal charges in state or federal court. FS 790.065
Florida Law prohibits the sale of firearms to minors under 18 years of age or persons of “unsound mind”. FS. 790.17 This is first degree misdemeanor, punishable by a year in jail.
Florida Law prohibits the sale or transfer of any firearm to a minor. FS 790.18. This is a second degree misdemeanor, punishable by 60 days in jail.
Florida Law imposes a mandatory 3 day waiting period on the purchase and delivery of a handgun. FS. 790.0655 It is a third degree felony, punishable up to 5 years in prison for any retailer to violate this provision and or for the purchaser to obtain delivery by fraud, false pretense or false representation.
Florida Law prohibits individuals, while committing or attempting to commit a felony, from using a firearm. FS 790.07. This is a second degree felony, punishable by up to 15 years in prison.
Florida Law prohibits the unlawful exhibition of firearm. FS 790.10 This is first degree misdemeanor, punishable by a year in jail.
Florida Law prohibits the exhibition of a firearm at a school sponsored event or on school grounds or within 1000 feet of a school and or a bus stop. FS. 790.115 This is a third degree felony, punishable by up to 5 years in prison.
Florida Law prohibits the possession of a firearm at a school sponsored event or on school grounds or within 1000 feet of a school and or a bus stop. FS. 790.115 This is a third degree felony, punishable by up to 5 years in prison.
Florida Law prohibits the discharge of a firearm of a firearm at a school sponsored event or on school grounds or within 1000 feet of a school and or a bus stop. FS. 790.115 This is a second degree felony, punishable by up to 15 years in prison.
Florida Law prohibits the discharge of a firearm in a public place. FS 790.15 This is first degree misdemeanor, punishable by a year in jail.
Florida Law prohibits the discharge of machine gun in any public place. FS 790.16 This is a first degree felony, punishable by up to 30 years in prison and or punishable by life in the event or great bodily harm or resulting in the serious disruption of governmental operations.
Florida Law prohibits the shooting of a firearm into public or private building, occupied or unoccupied. FS 790.19 This is a second degree felony, punishable by up to 15 years in prison.
Florida Law prohibits individuals, who have been previously convicted of a felony, from possession of a firearm and or ammunition. FS 790.23 This is a second degree felony, punishable by up to 15 years in prison, with a three year minimum mandatory prison sentence.
Florida Law prohibits individuals that are subject to a domestic violence injunction from possession of a firearm and or ammunition. FS. 790.233 This is first degree misdemeanor, punishable by a year in jail.
Florida Law prohibits the possession of a weapon and or ammunition by a violent career criminal. FS 790.235 This is a second degree felony, punishable by a minimum mandatory 15 years in prison.
Florida Law prohibits the possession of armor piercing or exploding bullets. FS 790.31 This is a third degree felony, punishable by up to 5 years in prison.
Florida Law prohibits the registration of legally owned firearms or law abiding firearm owners and prohibits law enforcement from maintaining such any such list. FS 790.335
Florida Law prohibits terrorism or terrorist activity. FS 775.30 This is a first degree felony, punishable by up to 30 years in prison and or punishable by life in the event or death great bodily harm.
Florida Law requires felons to register. FS 775.13 The failure to register is a crime.
Florida law prohibits the use of firearm in a felony, enhancing the punishment therefrom depending on the degree of the felony and mandatory minimum prison sentences FS 775.087. Use a firearm, then 10 years minimum mandatory sentence; discharge a firearm, then 20 years minimum mandatory sentence; cause bodily harm from a firearm, 25 years to life minimum mandatory sentence.
Likewise, Federal Laws are exactingly similar and already on the books.
Federal Laws prohibit the sale of firearms or ammunition to an individual under 18 and if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age. 18 USC 922
Federal Laws prohibit possession of a firearm and or discharge of a firearm in a school zone. 18 USC 922
Federal Laws prohibit the sale of and or possession of firearms and ammunition to following individuals:
1. An Individual who is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
2. An individual who is a fugitive from justice;
3. An individual who is an unlawful user of or addicted to any controlled substance;
4. An individual who been adjudicated as a mental defective or has been committed to any mental institution;
5. An individual who is illegally or unlawfully in the United States; or has been admitted to the United States under a nonimmigrant visa
6. An individual who been discharged from the Armed Forces under dishonorable conditions;
7. An individual who having been a citizen of the United States, has renounced his citizenship;
8. An individual who is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child,
9. An individual has been convicted in any court of a misdemeanor crime of domestic violence. 18 USC 922
Federal Law prohibits the manufacture and possession of classes of firearms which would evade metal detectors. 18 USC 922
Federal Law prohibits individuals under 18 years of age from possessing a handgun and or handgun ammunition without supervision of parent or guardian. Likewise, there is prohibition on sale of handgun and or handgun ammunition to an individual under 18. 18 USC 922
Federal Law has required detailed background checks for retail purchase of firearms and penalties for non-compliance. 18 USC 922
Federal Law prohibits the theft of a firearm. 18 USC 922
Federal Law requires the licensed firearm dealer to sell all weapons with secure gun storage or safety device. 18 USC 922
