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trumpetjhin
Mar 21st, 2018
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  1. Abstract
  2. This paper will discuss the 2012 Aurora, Colorado Movie theater shooting and the gun control polices involved in the shooting. These gun control polices are the background check system, gun free zones, and assault weapons bans. Each of these three polices will be analyzed in regards to their overall effectiveness and on what effect they had on the Aurora shooting. Additionally, policy recommendations will be made when possible. This paper finds that the main gun control failure in regards to the Aurora shooting was the failure of the shooter, James Holmes, to be identified to the background check system as having mental health problems.
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  20. Gun Control and the Aurora Shooting
  21. On July 20, 2012 in Aurora, Colorado, a Denver suburb, a mass shooting occurred at the Century Aurora 16 movie theater. The shooter, James Holmes, opened fire into a crowd of moviegoers with a rifle, shotgun, and a pistol, injuring 70 and killing 12. Holmes was peacefully apprehended shortly after the first 911 calls when police officers responded to the scene. Holmes was eventually sentenced to 12 life sentences and 3,318 years in prison for first degree murder, attempted murder, and use of explosive devices.
  22. As with most mass shootings, talks and arguments about gun control policies made their way through the media and mainstream discussion. One of the main gun control aspects and policies that were discussed was the issue of gun free zones. These are areas in which individuals who are legally able to carry a firearm are not allowed due either government policy (such as in school zones) or due to the decision of a business owner. This was a popular topic due to how the Century Aurora movie theater was a gun free zone, with guns rights activists arguing that movie goers were not able to defend themselves. With one of the firearms used in the shooting being an AR-15 rifle, another gun control issue discussed in the wake of the shooting was the legality of so called “assault weapons”, with gun control advocates arguing that these weapons are too deadly and unnecessary for civilians. One final gun control issue involved in the Aurora shooting is the background check system, and how an individual with mental health issues like James Holmes was able to pass four background checks in the purchase of his firearms. While there are many gun control policies involved in the Aurora shooting, the main fault of the gun control system in this shooting was allowing an individual with mental health issues to acquire firearms.
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  25. Literature Review
  26. The following section will contain research about three major gun control topics that relate to the Aurora shooting: gun free zones, background checks, and assault weapons bans.
  27. Gun Free Zones
  28. One of the topics that was discussed greatly in the mainstream media after the Aurora shooting was gun free zones. These are areas in which individuals who are legally able to carry a firearm, usually concealed carry permit holders, are not allowed to carry their firearms. Gun free zones were first created as part of the US criminal code in 1990 under the Gun-Free Schools Act. This federal law stated that “It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone” (18 U.S.C. § 922(q)(2)(A)). In addition to possessing a firearm near school grounds, the law also makes it illegal to discharge a firearm on school grounds (18 U.S.C. § 922(q)(3)(A)). In addition to federal laws banning weapons from school property, individual states, such as Colorado, allow businesses to post signs that prohibit individuals with firearms from entering their premises. Being spotted carrying a weapon and refusing to leave the business's property when asked will subject an individual to trespassing charges (England, 2015).
  29. Unfortunately, there are no scholarly studies (that the author could find) on the effectiveness of reducing shootings for either the 1990 Gun-Free Schools Act nor on private gun free zones. However, in regards to the Gun-Free Schools Act, this law was declared unconstitutional as it prohibited individuals within 1000 feet of a school zone from possessing weapons, even if they were on their own private property. This led to the law being redone as part of the 1994 Gun-Free Schools Act which only prohibited firearm possession on school grounds (NRA-ILA, 1999). In regards to private gun free zones, there were two studies done by two separate partisan groups. The first of which being completed by guns rights activist John Lott on behalf of his organization, the Crime Prevention Research Center. This study found that from “1950 through February 2016 three mass public shootings in places where general citizens are allowed to have guns” (Lott, 2016). Lott’s conclusion that only three mass shootings since 1950 have taken place in gun free zones is very different than the conclusion reached by heavily left leaning news source Mother Jones. In their study, Mother Jones stated that “Among the 62 mass shootings over the last 30 years that we studied, not a single case includes evidence that the killer chose to target a place because it banned guns” (Mother Jones, 2016). These two studies came to wildly different conclusions due to what they considered a gun free zone and what they considered a mass shooting. These major differences point towards both of these studies possibly being biased or inaccurate but certainly unreliable.
  30. Background Checks
  31. James Holmes was able to acquire his weapons completely legally, purchasing a Remington 870 shotgun and Glock 22 pistol at two separate Gander Mountain stores and purchasing a Smith & Wesson M&P15T (AR-15 derivative) at a Bass Pro Shops (Castillo, 2012). Each time he bought a new weapon, Holmes had to pass a background check, which he as able to do successfully for every purchase. The background check system allowing James Holmes these weapons has led to the effectiveness of this system rightfully being called into question.
  32. The modern background check system began with the Brady Handgun Violence Prevention Act of 1993 which required background checks for all firearm sales from Federal Firearms License holders (gun shops). In 1998, the system was improved with the National Instant Criminal Background Check System (NICS) which allows federal background checks to be completed in around 15 minutes. The system is designed to stop individuals who are felons, fugitives from justice, illegal aliens, users of controlled substances, and those who have been adjudicated as a mental defective or committed to a mental institution. According to the Federal Bureau of Investigation, which runs the program, “More than 230 million such checks have been made, leading to more than 1.3 million denials” (FBI, 2016). According to an FBI Operations report from 2000, “In its 25 months of operation, the National Instant Criminal Background Check System (NICS) has proven to be successful and highly effective. The NICS has processed over 18 million transactions to date [and] has prevented over 156,000 prohibited individuals from purchasing a firearm” (FBI, 2000).
  33. While a large number of people have been prohibited from acquiring firearms due to the Brady Handgun Violence Prevention Act of 1993 and the NICS, the results from studies are mixed. Some studies, such as a 2015 analysis by Webster and Wintemute stated that background checks “have protective effects against lethal violence”. Another study, a CDC report from 2003, stated that their was “insufficient evidence” to conclude the effectiveness of the NICS. One more study, (Blitzer, 2016) stated that “Changes in rates of homicide and suicide for treatment and control states were not significantly different” in regards to the Brady Law (Many of these studies point to a necessity of more research in order to reach conclusions on the Brady Law and the NICS).
  34. Assault Weapons
  35. One of the firearms used by James Holmes in the Aurora shooting was an AR-15 style rifle, which is considered an “assault weapon”. An argument seen often in the mass media and in mainstream popular conversation is that this type of weapon is excessively powerful and deadly, and simply not needed for civilian ownership. This argument has led to assault weapons bans in the past, with the 1994-2004 Federal Assault Weapons Ban, as well as bans in the present, with seven states currently maintaining policy to ban assault weapons. Assault weapons are generally defined as a weapon containing two or more of the following characteristics: grenade launcher mount, flash suppressor, bayonet mount, pistol grip, and a folding or telescoping buttstock. However, the definition of an assault weapon varies from jurisdiction to jurisdiction, with each often having their own specific and nuanced classifications.
  36. The main topic of research involving assault weapons is the 1994-2004 Federal Assault Weapons Ban, which banned the sale of weapons like Holmes’s AR-15. The quintessential study on this federal policy is researcher Christopher Koper’s report to the National Institute of Justice. His study concluded that “There has not been a clear decline in the use of [assault weapons], though assessments are complicated by the rarity of crimes with these weapons” (2004). Additionally, the report stated that “we cannot clearly credit the ban with any of the nation’s recent drop in gun violence” (Koper, 2004).
  37. Policy Effectiveness
  38. The following section will contain analysis about the effectiveness of gun free zones, background checks, and assault weapons bans in regards to the Aurora shooting. Additionally, policy recommendations will be made in regards to these three gun control topics.
  39. Gun Free Zones
  40. After the tragedy in Aurora occurred, many blamed the shooter’s choice of the Century 16 Movie Theater on the nature that it was a gun free zone. People who would argue this position believe that an individual will follow the path of least resistance in regards to what location they chose to target in an attack designed to kill a large number of people. While it is true that there were other movie theaters closer to Holmes’s home than Century 16 that were not gun free zones (Lott, 2012), there was no evidence whatsoever to support gun free zones being what drove him to attack the Century 16 theater (Follman, 2015). Rather, that Holmes chose the Century 16 theater for other reasons, such as how he liked how the building was laid out, how the building was a standalone building separated from the rest of the mall, and how he though the police response time would be long (Follman, 2015). The only aspect of gun free zones that ‘could’ have had an effect on the Aurora shooting is the argument involving how gun free zones disarm individuals who wish to defend themselves with firearms. However, there is no way of knowing whether a concealed carry permit holder would have been present that night if the Century 16 theater had a different policy on firearms. Unless a concealed carry permit holder chose a different theater, or chose not to carry that night, gun free zones had no effect on the Aurora tragedy.
  41. Unfortunately, due the lack of quality peer reviewed research data in regards to the effectiveness of gun free zone policies, it is difficult to conclude whether gun free zones are effect crime control policies. With different conclusions from biased sources, policy recommendations are also difficult. More research needs to be done in regards to the relationship between mass shootings and gun free zones. First, to discover whether shooters choose their target locations based on whether they could face armed resistance from their targets. Second, to determine if concealed carry permit holders are effective in ending mass shootings or reducing the number of casualties. With these factors known, the effectiveness of gun free zones will become known and policy recommendations can become possible.
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  45. Assault Weapons
  46. If James Holmes had attempted to commit the same crime between 1994 and 2004, or in a state such as New York, Holmes would not have been able to legally buy the most powerful of the 3 firearms he used in the Aurora shooting. In addition to how assault weapons bans would have prevented Holmes from legally reacquiring his AR-15 rifle, he would have been limited to a 10 round magazine for his Glock 22 pistol (as opposed to the normal 15 round magazine). However, Holmes in this hypothetical situation may still have been able to commit the exact same crime with these limitations. A Glock 22 pistol with a 10 round magazine shoots the exact same .45 caliber bullet with the exact same deadliness as a Glock 22 pistol with a 15 round magazine, the only difference being that the need to reload will come 50% sooner (and reloading only takes a few seconds at most). Instead of an AR-15 rifle Holmes could have used a Ruger Mini-14 rifle, which shoots the exact same .223 caliber bullet with the exact same deadliness as an AR-15, while not being an assault weapon. While there are a million different ways for crazy people to kill others (9/11, Oklahoma City, Nice, Aurora) limiting Holmes to a smaller variety of weapons through assault weapons bans may have decreased the numbers killed, or it may have had no effect at all.
  47. Regarding the overall effectiveness of assault weapons bans, Koper’s 2004 report makes things fairly clear, “There has not been a clear decline in the use of [assault weapons], though assessments are complicated by the rarity of crimes with these weapons.” There was little to no difference in the use of assault weapons during the duration of the ban, which is complicated by how rifles (assault weapons are a subset of rifles) are only used in around 2.6% of murders according to the 2015 FBI UCR. It is also further complicated by the large number of assault weapons already in private ownership that were grandfathered in and kept legal. Additionally, many crimes committed with assault weapons could just have easily been committed with non assault weapons as the main difference between an assault weapon and a normal semi-automatic rifle are cosmetic features.
  48. Policy recommendations include not banning weapons due to cosmetic features such as flash hiders, pistol grips, and folding stocks as these features have no effect whatsoever on the deadliness of a weapon, only how it looks and feels. Additionally, I would adopt a gun control system similar to that of New Zealand, where firearms are classified into different “levels”, with each increasing level requiring a higher and higher level of firearm license. However, unlike in other countries, these firearm licenses are open to the general public, and are not restricted (like drivers licenses). Additionally, weapons that are banned even in America (like machine guns) are legal in New Zealand, just requiring a higher level license. Getting a high level license to acquire assault weapons would involve a competency test, and either a simple mental health evaluation, or discretion on the part of firearms instructors to disallow those who they believe are acquiring a license in bad faith.
  49. Background Checks
  50. The background check system created in 1993 is supposed to stop those who have been adjudicated as a mental defective or committed to a mental institution (FBI, 2016). Clearly, the system failed, allowing James Holmes to purchase his firearms. However, in this case, it was not the fault of the background check system, but rather the mental health medical system. Before the shooting, Holmes had visited three different mental health professionals at his college, the University of Colorado Anschutz Medical Campus (CBS News, 2012). According to one of these doctors, Holmes had “homicidal thoughts as often as three or four times a day” (O'Neill, 2015). However, this doctor, Mrs. Lynne Fenton, was not able to place Holmes under a psychiatric hold due to how he “never talked about specifics” (O'Neill, 2015). Since Holmes never talked specifically about what he wanted to do and who he wanted the kill, Dr. Fenton could not put him on any lists that the background check system could have detected. The background check failed the people of Aurora, but the fault lies with the mental health system.
  51. Policy recommendations for the background check system would lie not with the FBI National Instant Criminal Background Check System itself, but with the way the NICS and mental health doctors can communicate. A new database should be created where doctors who believe their patients should not own firearms can place their patients names into. Then, when one of their potentially disturbed patients try to buy a firearm, they are denied, and have to pass a mental health evaluation in order to be able to purchase a firearm.
  52. Conclusion
  53. After the terrible mass shooting in July, 2012 at a movie theater in Aurora, Colorado, three main gun control topics became popular topics of discussion in the mainstream, how the background check system failed to identify James Holmes, whether assault weapons should be banned, and whether gun free zones are good or bad for safety. Assault weapons are powerful and deadly, but are only used in a small number of crimes, with past bans having little effect on their use. To satisfy both gun lovers and gun controllers, perhaps a system can be created where instead of banning types of firearms, a more rigorous process can be established to acquiring one. Unlike with assault weapons bans, little research has been done into gun free zones. With more research, the relationship between gun free zones and mass shootings can be detailed, which can lead to evidence based policy being implemented in the future. The real issue with the gun control system in regards to Aurora is how Holmes, after seeing multiple mental health doctors for “homicidal thoughts”, was not put onto any lists that the background check could have detected to prevent him from purchasing weapons. By improving the communication between mental health doctors and the NICS, disturbed individuals like James Holmes can be prevented from purchasing firearms.
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  76. References
  77. Castillo, M. (2012, July 20). Colo. shooter purchased guns legally from 3 different stores. Retrieved December 11, 2016, from http://www.cbsnews.com/news/colo-shooter- purchased-guns-legally-from-3-different-stores/
  78. CBS News. (2012, September 19). James Holmes saw three mental health professionals before shooting. Retrieved December 11, 2016, from http://www.cbsnews.com/news/james- holmes-saw-three-mental-health-professionals-before-shooting/
  79. CDC. (2003, October 3). Retrieved December 11, 2016, from http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5214a2.htm
  80. England, J. (2015, December 20). Breaking The Law: What Should We Do When Encountering A “Gun Free Zone” While Carrying? Retrieved December 11, 2016, from http://concealednation.org/2015/12/breaking-the-law-what-should-we-do-when- encountering-a-gun-free-zone-while-carrying/
  81. FBI. (2015). FBI UCR Murder by Types of Weapons. Retrieved December 11, 2016.
  82. FBI. (n.d.). National Instant Criminal Background Check System (NICS). Retrieved December 11, 2016, from https://www.fbi.gov/services/cjis/nics
  83. Follman, M. (2016, September 24). US Mass Shootings, 1982-2016: Data From Mother Jones' Investigation. Retrieved December 11, 2016, from http://www.motherjones.com/politics/2012/12/mass-shootings-mother-jones-full-data
  84. Follman, M. (2015, May 29). 5 chilling pages from the Aurora mass shooter's diary just debunked a favorite NRA talking point. Retrieved December 11, 2016, from http://www.motherjones.com/politics/2015/05/james-holmes-diary-aurora-gun-free- zones-debunked
  85.  
  86. References
  87. Koper, C. S. (2004, June). An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003. Retrieved November 6, 2016.
  88. Lott, J. (2016, September 24). Analysis of Recent Mass Shootings Showing how mass public shootings keep occurring in gun-free zones Crime Prevention Research Center. Retrieved December 11, 2016, from http://crimeresearch.org/2014/09/more-misleading- information-from-bloombergs-everytown-for-gun-safety-on-guns-analysis-of-recent- mass-shootings/
  89. Lott, J. (2012, August 15). So are movie theaters near where the Aurora, Colorado killer lived posted to prevent concealed carry? Retrieved December 11, 2016, from http://johnrlott.blogspot.com/2012/08/so-are-movie-theaters-in-aurora.html
  90. O'Neill, A. (2015, June 17). Psychiatrist: Holmes thought daily about killing. Retrieved December 11, 2016, from http://www.cnn.com/2015/06/16/us/james-holmes-theater- shooting-fenton/
  91. Webster, D. W., & Wintemute, G. J. (2015, January 7). Effects of Policies Designed to Keep Firearms from High-Risk Individuals. Retrieved December 11, 2016, from http://www.annualreviews.org/doi/abs/10.1146/annurev-publhealth-031914-122516
  92. 18 U.S. Code § 922 - Unlawful acts. (n.d.). Retrieved December 11, 2016, from https://www.law.cornell.edu/uscode/text/18/922
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