New Approaches to Reducing Gun Violence in Texas Joshua Horwitz Executive Director Jhorwitz@efsgv.org 202-408-7560 x1001 September 7, 2016
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4 Source: CDC’s WISQARS™ (Web -based Injury Statistics Query and Reporting System). Fatal Injury Reports, 1999-2014, for National, Regional, and States
Texas Firearm Deaths 2000 1780 1789 1744 1684 1702 1800 1583 1506 1600 1411 1381 1311 1400 Number of Deaths 1200 1033 1006 1003 1029 1009 965 913 912 1000 894 812 800 600 400 200 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Year Suicide Homicide 5 Source: CDC’s WISQARS™ (Web -based Injury Statistics Query and Reporting System). Fatal Injury Reports, 1999-2014, for National, Regional, and States
Age-adjusted Firearm Death Rate: Texas vs. United States 12 Age-adjusted Firearm Death Rate per 100,000 10 8 6 4 2 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Year TX Firearm Suicide TX Firearm Homicide TX All Intents US Suicide US Homicide US All Intents 6 Source: CDC’s WISQARS™ (Web -based Injury Statistics Query and Reporting System). Fatal Injury Reports, 1999-2014, for National, Regional, and States
Legal Context: Supreme Court recognizes legal right to a gun in the home for self defense But that right is not unlimited. Who can exercise the right safely? 7
Federal Prohibitors : • Persons convicted of a felony; fugitives • Persons who have been involuntarily committed to a mental institution • Those convicted of a misdemeanor crime of domestic violence • Those subject to permanent domestic violence restraining orders • Unlawful users or those addicted to a controlled substance 8
Texas Prohibitors : • Persons convicted of a felony* • Persons convicted of certain domestic violence assault-related misdemeanors for five years • Persons subject to domestic violence protective orders unless they are an active, full-time, paid peace officer Law enforcement officers are allowed to take a person into custody without a warrant if he or she has reason to believe that person has a mental illness and poses a substantial risk of serious harm. Under this provision, the individual’s firearms may be seized for up to 30 days pending a hearing. 9
Who should be prohibited from purchasing and possessing firearms? Can evidence help us do a better job identifying risk?
I Turned to the Experts … March 2013: Convened at Johns Hopkins Bloomberg School of Public Health, Baltimore MD Public Health Researchers Mental Health Providers Medical Professionals Gun Violence Prevention Advocates Policy Experts Law Enforcement Evidence Consensus Recommendations 11
Individuals who are at increased risk of dangerous behavior should, at least temporarily, be prohibited, where constitutionally acceptable, from purchasing and possessing firearms.
More to come What we found: from our panel Mental illness contributes very little to interpersonal violence but does play a significant role in suicide There are other risk factors for dangerous behavior History of violence History of domestic violence Substance abuse Current firearm prohibitions are inadequate 13
Three-pronged approach to temporarily More to come from our panel suspending access: #1 Mental Health Risk Factors • Involuntary hospitalization prohibition #2 Other Risk Factors • Violent misdemeanants; • Temporary DV orders; • DUIs, DWIs; • Substance abuse #3 Periods of Crisis • Gun Violence Restraining Order 14
Major Recommendations Texas should… • Prohibit purchase & possession of firearms by individuals who have been: – Involuntarily hospitalized (and refine the restoration process to include a clinical evaluation and risk assessment) – Convicted of a violent misdemeanor – Convicted of two or more DUI or DWIs within a five- year period – Convicted of two or more misdemeanor crimes involving controlled substances in a five-year period
Major Recommendations (continued) • Prohibit purchase or possession of firearms by all persons subject to temporary domestic violence restraining orders, require the removal of firearms from persons subject to any type of domestic violence restraining orders, and Create a Gun Violence Restraining Order (GVRO) mechanism
Today is an Opportunity Consider the evidence and ask questions How does the evidence affect Texas policy? Where does my work fit in? 17
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