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Thursday, February 15, 2018

My #1 Prediction For 2018: More Shootings. Here's How We Can Stop Them.

I promised that my next post would be my employment law predictions for 2018. Frankly, I've been putting it off because it's so depressing. However, in light of yesterday's shootings only a few miles from my home, at Marjory Stoneman Douglas High School, I had to weigh in. Not only will there be more school shootings this year, but there will be more workplace shootings. That is a 100% certainty.

I'm so tired of thoughts and prayers I could scream. Everyone I know has been personally affected by yesterday's shooting in some way. Thankfully, my daughters are safe. Many can't say the same. It's time to stand up and take action to stop this madness.

Adding to my rage and sadness, I actually knew Marjory Stoneman Douglas. She was a fellow Wellesley alum (obviously different years). I went with her to the White House when she was awarded the Medal of Freedom for her tireless work saving the Everglades. While we were there, I got to sit with her during the signing of the Brady Bill. She was so proud that Bill Clinton was doing something to help with gun control. She would be mortified that her name will now be used in the same breath as Columbine and Sandy Hook every time there is a new school shooting. I take personal umbrage that her memory is now tarnished with this horror.

But what can we do? Well, throwing up our hands hasn't worked. We are the only country this is happening in. The other countries that don't have these incidents have reasonable gun control. We have the most guns of any country. If having more guns makes you more safe, why are we the only place this is happening.

Here is my plan to slow down and substantially reduce the mass shootings in this country:

  1. Assault Weapons Ban: From 1994 to 2004, we had an assault weapons ban. Mass shootings went down. When the GOP refused to renew it, they shot up. This is an easy and obvious partial solution to the problem.
  2. Background Checks For Gun Shows: The Brady Bill is a law requiring background checks before gun purchases, but the GOP working with the NRA has managed to work in so many loopholes that it is almost worthless. According to the Brady Campaign, "experts estimate that 1 out of 5 gun sales occur in 'no questions asked' transactions that often take place over the Internet or at gun shows where, in most states, background checks are not required. This dangerous loophole puts thousands and thousands of guns in the hands of dangerous people like domestic abusers, felons and the dangerously mentally ill." There is a proposed law to close this loophole. It should be passed.
  3. Include Social Media In Background Checks: We need to do background checks for guns as thorougly as employers do for potential employment. The kid who did this horrific shooting posted multiple threats to shoot people on social media. Part of every background check for potential gun ownership should include mandatory disclosure of all social media sites and handles. Failure to disclose should be a crime in itself.
  4. Include Domest Violence Arrests in Background Checks: Domestic violence history is a red flag for potential mass shooters. If a potential gun buyer has such an arrest, even if not convicted, it should trigger a deeper background check including interviews with neighbors, employers, friends, and family, as well as the doctors who treated the victim. A conviction should result in automatic denial.
  5. Provide Due Process for Gun Purchase Denials: If someone is denied a gun purchase based on a social media posting, let them appeal to an administrative judge or panel with no filing fee so that they can explain their side and try to get the decision reversed. That should allay concerns that people can be denied for unjust reasons.
  6. Deny Guns To Those On The Terrorist Watch List: Seems obvious, but the GOP won't pass it. Same due process to appeal a denial as above so if someone is wrongly on the list, they can seek justice.
  7. Buy Back Assault Weapons: How do we get the assault weapons off the streets? How about making owners an offer they can't refuse? Offer to buy them back at an outrageous price. How about $10,000 for your weapon? That would be a good investment of tax dollars. No, it wouldn't get them all off the streets, but I bet it would get a lot.
  8. Confiscate Guns Of Criminals: If someone lies on their background check to obtain the gun, or is arrested for domestic violence or other violent crime, it should be instant probable cause to confiscate their registered weapons and search their homes, offices and vehicles for non-registered ones. The weapons should be held in custody until the person is found not guilty. In order to get the weapons back, a new background check should be done. If they are kept due to a conviction or failure of the background check, fair market value should be paid. There should be a right to a due process hearing on this as well.
  9. Rise Up and Protest: I suggest a Million Parent March on Tallahassee as a start. The Florida legislature is in session, and much gun regulation has to be done on the state level. Let's start working state by state to get dangerous guns out of the hands of dangerous people.
These are my thoughts on the issue. Some of the above has been the subject of proposed legislation, some has not. Until we take action to address this problem, we will have more of our children and employees slaughtered. Thoughts and prayers are not enough.


  1. we had a gun team at my highschool. kids carried their rifles down the halls and no one was ever shot. Guns did not cause issue then and that is not the issue now. People keep ignoring the real issue and if guns are banned then what, banning knives like they have in the UK? banning baseball bats later...

    There are laws against killing but people do it anyway. Guns did not cause the problem. these people are unhinged and need serious mental help.

    Making it about guns is akin to saying if you bomb someone or knife them down, its ok as long as guns are not the issue.

    1. I am not following your argument. First, you respond as though Donna had said we should ban guns. I reread her post. She never once made that argument. She did argue that we should ban assault weapons, but that is not the same thing as banning all types of guns. Assault weapons are very different from the guns used by a teenage rifle team.

      As for the "laws against killing people but people do it anyway." This is frankly a bad argument. This logic falls apart if you try to apply it to other policies. Passing and enforcing laws may never stop something from happening 100% of the time, but it is still an important step in effective intervention.

      It IS about guns. "Guns don't kill people, people do," but guns sure make it easy to kill many people, very quickly. Knives can kill or injure, sure, but they serve other purposes in areas such as cooking. A gun's primary purpose is to kill or injure.

    2. There is no ban on knife ownership in the UK. The recent school stabbing in Russia--no deaths--shows the reason why guns are the problem. Every one of these school shootings would have either been non-deadly or way less deadly without assault weapons.

  2. I'm so sorry that this has hit so close to home for you. I'm contacting my legislators on some common sense regulations that will help. I have little hope, but at least I can use my voice.


I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.