Florida Shooter: What Laws Were Broken?

In the wake of the 2018 Marjory Stoneman Douglas High School shooting in Parkland, Florida, which left 17 students and teachers dead, the shooter, Nikolas Cruz, received a life sentence. This tragic incident has brought about discussions surrounding gun control laws in Florida and has led to some changes in legislation. One notable change is the amendment to the law prohibiting individuals under 21 from purchasing firearms. Additionally, the Stand Your Ground law, which allows individuals to respond to threats with lethal force without fear of criminal prosecution, has come under scrutiny. The law was invoked in a case where a Florida man fatally shot his neighbor's son, leading to a debate about its potential for unjust outcomes.

Nikolas Cruz's ability to purchase a gun

Nikolas Cruz, the perpetrator of the Parkland high school shooting, was able to purchase a gun through a licensed dealer after passing the required background check. At the time of the shooting, it was legal for people as young as 18 to purchase guns from federally licensed dealers in Florida, including the rifle used in the shooting. Cruz was 18 when he bought the AR-15-style semi-automatic rifle from a Coral Springs gun store.

Cruz's ability to purchase a gun has raised questions about the effectiveness of background checks and the need for improved gun control measures. Despite a history of concerning behaviour, disciplinary issues, and multiple reported threats and acts of violence, Cruz was able to legally obtain a firearm. There were also numerous warnings to law enforcement about Cruz's behaviour and potential for violence, but these were not acted upon effectively.

Cruz's mother, Lynda Cruz, was aware of her son's mental health issues and interference with his treatment. She ignored the concerns of mental health counselors, who advised against letting him buy guns. Lynda Cruz died of pneumonia in November, three months before the shooting.

Cruz had a history of behavioural problems, including threats against other students, and was eligible for special education services. He was transferred between schools multiple times and was eventually expelled from Stoneman Douglas High School in 2017 for disciplinary reasons. Despite these red flags, Cruz was able to pass the background check and purchase the firearm used in the shooting.

The ease of buying firearms in Florida

In Florida, there is no license required to purchase or own a shotgun, rifle, or handgun. The state does not mandate the registration of firearms, and there are no limits on the number of firearms an individual can own. For those aged 18 or older, there is no restriction on the number of guns that can be bought at one time. The process of buying a gun can be relatively quick, with some purchases being made over the counter with minimal barriers.

However, there are certain eligibility criteria that must be met before purchasing a firearm in Florida. Buyers must be at least 21 years old to purchase a handgun from a licensed dealer and 18 years old for a rifle or shotgun. Residency is also a factor, as buyers must be Florida residents or have a valid reason for purchasing a gun in the state. Background checks are mandatory, and individuals with felony convictions or a history of substance abuse are disqualified from owning a firearm.

Florida operates under a "shall-issue" policy for concealed weapon licenses, meaning that as long as an individual meets the criteria, including a federal background check, the state must issue a permit. There is a mandatory three-day waiting period for the purchase of handguns, unless the buyer has a valid concealed weapon permit. This waiting period is designed to prevent impulsive decisions and ensure that all necessary checks are completed.

The "Stand Your Ground" law in Florida allows individuals to respond to threats with potentially lethal force without fear of criminal prosecution. This law has been controversial, with critics arguing that it can lead to unjust outcomes in cases with questionable circumstances.

The lack of required background checks

In the aftermath of the Parkland school shooting, the lack of required background checks in Florida has come under scrutiny. Nikolas Cruz, the Marjory Stoneman Douglas High School shooter, was able to legally purchase an AR-15 semiautomatic rifle in 2017, despite exhibiting numerous red flags prior to the incident. This has sparked debates about the ease of gun acquisition in the state and the effectiveness of background checks in preventing firearms from falling into the wrong hands.

At the time of the purchase, Cruz had a history of mental health issues, online hate speech, and erratic behavior. He also made violent social media posts, including a Snapchat video in 2016 where he expressed his intention to buy a gun. Despite these warning signs, Cruz passed a background check and was able to acquire the weapon that would later be used in the deadly shooting.

In the wake of the tragedy, gun control advocates, victims' families, and politicians have expressed outrage and called for stricter gun control measures. Florida's gun laws at the time protected an individual's constitutional right to purchase firearms, and there were no mandatory mental health evaluations required for gun purchases. The only requirement was a brief background check conducted by a federal firearm dealer, which Cruz apparently passed without any issues.

However, it is important to note that changes have been made to Florida's gun laws since the Parkland shooting. The minimum age for purchasing firearms in Florida has been raised from 18 to 21, and a three-day waiting period has been implemented after the background check to prevent impulsive decisions. Additionally, lawmakers enacted a red flag law, also known as the risk protection orders law, which empowers law enforcement to revoke an individual's firearms if they exhibit any intention to harm themselves or others.

While these changes are a step in the right direction, some believe that more needs to be done to address the lack of comprehensive background checks and mental health evaluations in Florida's gun purchasing process. The fact that Cruz was able to legally purchase a weapon despite exhibiting numerous warning signs highlights the potential loopholes and shortcomings in the current system.

The absence of mental health evaluations

The absence of stringent mental health evaluations in the process of purchasing a firearm in Florida has been a topic of debate. A bill, Senate Bill 956, was proposed by state Sen. Daphne Campbell, which would require the Department of Agriculture and Consumer Services to mandate mental health evaluations for individuals applying for a license to carry a concealed weapon or firearm. This bill aimed to address the tragic consequences of gun violence perpetrated by mentally unstable individuals and to protect potential victims. However, opponents of the bill argue that it would infringe upon Second Amendment rights and stigmatize individuals based on mental health diagnoses.

The discussion around mental health evaluations in Florida has been brought to the forefront by several high-profile cases, including that of Nikolas Cruz, the Parkland shooter. During Cruz's sentencing trial, Dr. Robert Denney, a renowned clinical psychologist, testified that Cruz was "clearly playing games" and faking the extent of his mental illness and cognitive issues during evaluations. Dr. Denney holds board certifications in both forensic psychology and clinical neuropsychology and is one of only seven people in the world with such qualifications. He concluded that Cruz was "grossly exaggerating" symptoms of mental illness and memory impairment.

The absence of mandatory mental health evaluations before purchasing a firearm in Florida has sparked concerns among mental health professionals and lawmakers. They argue that evaluations could help identify individuals who may be at risk of committing violent acts and ensure they receive appropriate treatment or intervention. However, opponents argue that evaluations may not always accurately predict future behavior and that the current laws are sufficient.

While the debate continues, the absence of mandatory mental health evaluations in Florida's gun purchasing process remains a concern for those advocating for stricter gun control measures and improved mental health services. The discussion highlights the complex balance between upholding Second Amendment rights and addressing the role of mental health in gun violence.

The state's red flag laws

In the wake of the 2018 Marjory Stoneman Douglas High School shooting, Florida introduced a red flag law, also known as the risk protection orders law. This legislation gives law enforcement the ability to revoke a person's firearm if they indicate any intention to harm themselves or others.

The law was passed in response to the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, in which 17 students and teachers were murdered by 18-year-old Nikolas Cruz. Cruz had a history of mental health issues, violent social media posts, and erratic behaviour, and had expressed his intent to buy a gun and harm others. Despite this, he was able to pass a background check and legally purchase the gun used in the shooting.

The red flag law allows courts to issue risk-protection orders, revoking an individual's gun rights for one year if there is "clear and convincing" evidence that they are a threat to themselves or others. This legislation is designed to prevent those with dangerous intentions from purchasing or owning firearms.

In addition to the red flag law, Florida has also tightened its gun control legislation in other ways. The minimum age to purchase a firearm in Florida was raised from 18 to 21, and a three-day waiting period and mandatory background checks were implemented for all gun purchases. These measures aim to prevent impulsive gun purchases and ensure that only law-abiding citizens can obtain firearms.

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