The Laws We Enforce

The editors of the Washington Post muse about how the perpetrator of the killings in Highland Park managed to obtain his weapons legally despite Illinois’s thicket of laws controlling the ownership of firearms. They finally reach a point I have made here from time to time:

Local police probably could have used the state’s red-flag authority to ensure that Mr. Crimo was not able to obtain weapons. The law was about a year old when Mr. Crimo filed his application, and it is likely a lack of awareness played a role. That Illinois has made scant use of this useful tool is distressing: The Post’s Mike DeBonis reported that 53 firearm restraining orders were sought in 2019 and 2020, with only 22 granted, compared to 9,000 orders obtained in Florida since its law went into effect in 2018. Having a law on the books but not implementing it protects no one.

Laws don’t enforce themselves and the more laws there are the less likely they are to be enforced. That extends not just to police officers but prosecutors and judges as well.

Neglecting to enforce the law has consequences, both direct and indirect. The direct consequences were seen in Highland Park on the 4th of July but the indirect consequences are not as obvious. When the laws aren’t enforced or enforced capriciously it results in a general disrespect for the law.

The federal code now contains so many laws that nobody can possibly know what is against the law. The only people who benefit from that are lawyers.

3 comments… add one
  • steve Link

    This kid’s father, a responsible gun owner, demonstrates how easily it would be to get around a lot of laws. The father was going to sign anything his kid wanted. The father had guns (IIRC). Kid could’ve used Dad’s guns. We have more guns than people in the country. We have lots of people who fit the profile of potential killers but only a very tiny percentage actually go kill. We can probably do a better job at enforcement but we really dont have enough police to make much of a difference, especially if there is not broad cultural support.

    Also, since you see the world through a Chicago lens let me remind you of what it is like in the rest of the work. Around here if someone is having issues, mental health, drugs, whatever it just isn’t considered normal to take away the guns. How would they defend themselves? The families often wont report that the people have guns and the police arent very interested in taking them. Its a lot of work and hassle. This is all part of the gun culture we have. Besides some guy somewhere is smoking a joint and needs to be arrested.

    Steve

  • Jan Link

    Laws are seen as legal side rails in restraining negative behavior. Their numbers, though, frequently only mirrors the lip service of politicians who want to ingratiate themselves into a constituent’s memory that “something is being done.” However, it’s the common sense application and implementation drafted into such laws, which creates the actual proactive climate conducive to either reform rampant misconduct or maintain civility and safety in society.

    Andrew Giuliani’s broken window policy in NY exemplifies such an approach to crime reduction that actually reduced crime. By addressing even smaller criminal infractions it set a more law and order tone decreasing all crime in NYC. In our current day and age, though, we have set the stage for erratic enforcement of laws. While demanding bans, more red flag and registration laws on guns, we alternatively have created no-bail scenarios, reduced or early release programs, no arrests made for stolen merchandise under $900, gutted police departments and recruitment programs by defunding them – why wouldn’t the criminal element feel more liberated/emboldened to cross the line into lawless behavior? Consequently, IMO, it’s how much misbehavior and criminal acts are allowed free rein, before justice lifts it’s hand, is at the crux of diminishing crime, rather than focusing simply on the curtailment of the weaponry used in any unconscionable act of violence.

  • steve Link

    “Andrew Giuliani’s broken window policy in NY exemplifies such an approach to crime reduction that actually reduced crime. ”

    Every other large city in the US also saw large drops in crime without adopting this policy or stop and frisk. Of note, while some violent crimes have increased property crimes have decreased.

    https://www.theatlantic.com/ideas/archive/2021/09/america-having-violence-wave-not-crime-wave/620234/

    Steve

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