At least 73 juveniles under age 12 were killed last year,
roughly the same pace as the previous five years, reported the USA Today. More than the 55 students of ages killed by a firearm in school.
A 2017 USA TODAY and Associated Press investigation of the
152 deaths from 2014 to 2016 found about half ended in a criminal charge,
usually of adults who police said should have watched
children more closely or secured their guns more carefully.
Nearly identical cases then and in 2018 had markedly
different outcomes.
A grandfather was charged in Virginia, a father was
charged in Georgia and an uncle was charged in Missouri – all with variations
on criminal negligence. But elsewhere in Virginia, prosecutors declined to
charge parents after two incidents that left 2-year-olds
dead on the same day in May.
Felons are the only consistent exception. Because
it’s illegal for anyone convicted of a felony to possess a gun, almost
every felon involved in an accidental gun death faces criminal charges.
David Chipman is a former agent for the Bureau of Alcohol,
Tobacco, Firearms and Explosives who advises the gun violence prevention
group Giffords, named after former U.S. Rep. Gabby Giffords, who
survived a mass shooting in Arizona in 2011. Chipman said there should be more
focus on preventing the incidents from happening in the first place.
“The law is meant to punish, deter and hold people
accountable, but the real issue should be how to prevent something with a fatal
outcome,” he said. “So we have to deter that behavior and educate
people."
Some in the gun rights community advocate keeping a
loaded firearm in reach for protection from a home invasion. Chipman called
that scenario a “fantasy.” He said ATF agents and police with children all
consider how to safely store firearms – and said he owns
a fingerprint-protected gun safe that he can unlock in seconds.
But in rural pockets of America, keeping a loaded
firearm around is commonplace, said Elbert Koontz, mayor of Republic,
Washington, a town near the Canadian border. With a population of about
1,000, Republic has averaged about three burglaries a year over the
past decade.
Republic made headlines this year for pledging to become a
“Second Amendment Sanctuary City” by refusing to enforce a new state gun law,
which includes background checks and penalties for not locking up firearms at
home.
Koontz said parents should focus on teaching gun safety
instead of surrendering their ready access to guns.
“Where we live, you’re lucky if you can get a cop in 15
minutes,” Koontz said. “If a criminal comes in and breaks down your door,
by the time you open up the gun safe and get the ammunition and load your
gun, you’re already dead.”
At least 13 county sheriffs issued news releases stating
they would not enforce the Washington law. In February, Columbia County
Sheriff Joe Helm called it “unconstitutionally vague” and
“unenforceable.”
Washington Attorney General Bob Ferguson countered with a
sternly worded letter to all police chiefs, sheriffs and towns threatening not
to enforce the new gun law. He warned that law enforcement agencies that don’t
perform the checks could be held liable if someone gets a gun and uses it to do
harm.
“Local law enforcement officials are entitled to their
opinions about the constitutionality of any law,” Ferguson wrote. “But
those personal views do not absolve us of our duty to enforce Washington laws
and protect the public.”
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