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The Risk Gap
In the context of gun violence and policy, the “risk gap” refers to a mismatch between individuals who are clearly at elevated risk of committing violence (to themselves or others) and the legal authority available to restrict their access to firearms.
Definition
The risk gap is the space between who poses a clear threat and who can legally be disarmed under current law.
Why It Exists
- Mental health laws are too narrow.
- Most states, including Florida, allow firearm removal only if a person meets involuntary commitment criteria or has been adjudicated mentally defective.
- But many dangerous individuals don’t meet these thresholds, despite warning signs like threats, violence, or severe untreated symptoms.
- Criminal laws are reactive.
- You usually must commit a crime before your gun rights are revoked.
- Even individuals with violent threats, stalking, or escalating behavior may legally retain guns if they haven’t been charged or convicted.
- Domestic violence protection laws are inconsistent.
- Some states don’t require firearm surrender for temporary restraining orders.
- Abusers may retain weapons during the most dangerous period — when the victim leaves.
- Juvenile or minor threats often don’t result in firearm restrictions.
- A teen who threatens a school shooting may be detained or Baker Acted, but their household may still legally store guns accessible to them.
- Baker Act limitations (in Florida):
- A Baker Act alone does not remove firearms.
- It’s only after involuntary inpatient commitment and a judicial finding that the person is disqualified federally.
- This creates a loophole where many dangerous individuals go unflagged.
Purpose of the VRRPA
The Violence Risk Reduction & Prevention Act (VRRPA) aims to close this risk gap by:
- Allowing licensed forensic psychologists and psychiatrists to petition courts for temporary gun removal (like ERPOs).
- Allowing firearm removal in cases involving:
- Repeated Baker Acts
- Serious untreated mental illness
- Documented threats to others
- Domestic violence with weapons access
- Juvenile threats in homes with unsecured firearms
Sources
- Swanson, J.W. (2015). “The Risk Gap: When Mental Health Laws Fail to Prevent Gun Violence.” Psychiatric Services.
- Wintemute, G.J. (2017). “Extreme Risk Protection Orders Intended to Prevent Mass Shootings.” Annals of Internal Medicine.
- Giffords Law Center: giffords.org
- NAMI: nami.org