New York City Shooting Sparks Debate on Nevada’s ‘Red Flag’ Laws

A recent consequential incident in New York City, involving a shooting rampaged by a single individual, has stirred up questions about Nevada’s seldom utilised ‘Red Flag’ gun legislation. The incident in question involved Shane Tamura, a suspect accused of executing a mass shooting in the heart of New York nearly midway into the year 2025. Prior to the incident, Tamura, according to anonymous sources published by news outlets, was involuntarily apprehended for psychiatric assessment and treatment in Nevada during both the years 2022 and 2024.

A law implemented in Nevada in the year 2020 has sparked debates due to its infrequent use. The specific legislation places the authority in the court’s hands to provisionally restrict an individual’s right to access and use firearms if they are perceived to be endangering themselves or others. Echoing Nevada’s law, approximately half the states in the U.S adhere to similar ‘Red Flag’ stipulations that permit law enforcement officials, and in certain circumstances, other individuals, to lodge a petition in the court asking for a high-risk protection order.

The events of July 28 saw Shane Tamura, a resident of Las Vegas, allegedly perpetrate an act of intense violence. Suspected of terminating four lives in a Manhattan office, Tamura has had a registered history pertaining to mental health, drawing skepticism towards his accessibility to firearms. Eyewitness accounts and law enforcement narratives convey an instance of horror, where Tamura is said to have released gunfire in the building housing the NFL headquarters in an unfettered rampage.

At the age of 27, Tamura, it was reported, grievously made use of an M4 rifle, ruthlessly taking the lives of four individuals; including a police officer entrusted with corporate security duties, and eventually his own. Tamura, known in his past life as a former high school football player, had reportedly left behind a note elucidating the presence of CTE within him – chronic traumatic encephalopathy, a condition directly linked to head injuries.

After the incident, Jessica Tisch, the Commissioner of New York City Police made a public statement. She confirmed the findings about Tamura’s previous confrontations with mental health that were communicated by officials from Las Vegas. However, she did not reveal any more specific details.

‘Red Flag’ laws uniquely serve to preemptively disarm individuals whose mental state might render them vulnerable to violent outbursts. The laws go by different titles across various states, such as ‘extreme risk protection orders’ or ‘high risk protection orders’ in the state of Nevada. Nevada’s Attorney General, however, does not recognize ‘mental health crisis hold’ as a legitimate ground for issuing a high-risk protection order.

The legislation in Nevada permits either law reinforcement officials or family members to approach the court for issuing an order. The order aims at temporarily confiscating firearms or revoking the license to possess any, given that the individual has been deemed a substantial threat to themselves or others. The intent behind such provisions is to curb firearm-related casualties.

These proactive measures embedded in Nevada’s high-risk protection orders form a part of an increasing count of state laws striving to mitigate firearm-related incidents and fatalities. However, the employment of this particular law in Nevada has been relatively scarce since its initial launch in 2020. Experts have speculated about this and claim that it’s not uncommon for states to gradually acclimatize to their ‘Red Flag’ laws, with a notable exception being Florida.

In Florida’s case, they issued nearly 2,500 orders in the first 18 months after their ‘Red Flag’ law came into effect in 2018. What constitutes a ‘Red Flag’ law? Different states have adopted these safety measures since 1999, with significant support from the Republican Party. The specifics of the law delineate the eligibility of entities to initiate a civil petition process aimed at removing or restricting access to weapons.

Some state rules permit only law enforcement officials to solicit for such orders, while others extend this right to family members or closely associated communal roles like coworkers or teachers. The bulk of these petitions usually originate from law enforcement and are typically accorded by the courts. The form used in Nevada for law enforcement officers to file such a petition asks them to declare if the person owns a firearm and demands a comprehensive explanation of high-risk behavior demonstrated by the individual.

In Nevada, protection orders are categorized as either short-term or long-term; one that lasts for a week after hearing only one party’s reasoning, and one that can continue for up to a year respectively.

The efficacy of ‘Red Flag’ laws has been a subject of continuous scrutiny and the general consensus is varied. In July 2024, the Rand Corporation, a reputable nonprofit public policy research organization, conducted an exhaustive review of the studies done on ‘Red Flag’ laws.

From their comprehensive analysis, the think tank concluded that the implications of the laws on mass shootings, violent crime, and suicide are inconclusive. The limited data on suicide and the intricate complexities associated with discerning the laws’ impact demand further investigation.

Given that a considerable amount of these laws have only been enacted in the recent decade, deriving any concrete effects from them presents a challenging task. The debate continues about their effectiveness, the criteria for implementation, and who should rightfully hold the authority to set the law in motion.