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69 Emory L.J. 1043 (2019-2020)
Mass Shootings, Legislative Responses, and Public Policy: An Endless Cycle of Inaction

handle is hein.journals/emlj69 and id is 1077 raw text is: 








      MASS SHOOTINGS, LEGISLATIVE RESPONSES, AND
      PUBLIC POLICY: AN ENDLESS CYCLE OF INACTION

                              Jaclyn Schildkraut*
                                Collin M. Carr**

                                   ABSTRACT

    Although mass shootings give rise to particularly visceral reactions and
demands for action within the public sector, the corresponding response from
legislators has failed to produce any meaningful change. With much of the
discourse in the aftermath of these events centering on the polarized gun control-
gun rights debate, two proposed solutions-assault weapons bans and universal
background checks-often are at the forefront. Although varying by group and
often higher immediately following a shooting, public support for these two
proposals has yet to translate into legislative action. In this Article, we explore
previous attempts by the federal government to regulate assault weapons and
implement background checks for all firearm purchases, particularly in
response to high-profile (and highly lethal) mass shootings. We situate these
efforts in the context of corresponding public support as well as examples of how
such regulations may have been effective at creating impediments for the
perpetrators. We also explore state legislative efforts, which have been far more
successful in enacting legislation related to assault weapons and background
checks. Finally, we consider the role of lobbying and interest groups in
overshadowing bipartisan support for these proposals, as well as what may be
needed to break the perpetual stalemate in Congress and end the cycle of
legislative inaction stemming from mass shootings.






       Jaclyn Schildkraut is an Associate Professor of Criminal Justice at the State University of New York
(SUNY) at Oswego. Her research interests include mass/school shootings, homicide trends, mediatization
effects, moral panics, and crime theories. She is the co-author of Mass Shootings: Media, Myths, and Realities
and has published in a number of journals including Homicide Studies, American Journal of Criminal Justice,
Journal of Qualitative Criminal Justice & Criminology, Crime, Law and Social Change, and Security Journal,
as well as several edited volumes. State University of New York at Oswego, 458 Mahar Hall, Oswego, NY
13126, USA; Email: Jaclyn.Schildkraut@ oswego.edu.
       Collin M. Carr is a 2020 graduate of Syracuse University College of Law. His research focuses on civil
liberties and public policy, and covers topics ranging from felon disenfranchisement laws, perceptions of
concealed carry on campus policies, and the development of free speech jurisprudence under the First
Amendment.

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