WASHINGTON, D.C. — Congressman Seth Moulton and Congresswoman Veronica Escobar filed a bill on Wednesday that would allow U.S. law enforcement to prosecute mass shootings as acts of terrorism.
The “Mass Shooter Prosecution Act” would also enable law enforcement, in the wake of an attack, to uncover the broader network that supported the attack.
The current Material Support statute enables law enforcement to conduct a thorough and aggressive prosecution of an entire terrorist network. But under the current statute, mass shootings are not legally deemed as acts of terrorism. This effectively handicaps law enforcement in the wake of an attack, giving those who provided material support to the mass shooter the time to cover their tracks and plan another shooting, Moulton’s office said in a statement.
In a statement, Moulton said that by prosecuting mass shooters as terrorists, law enforcement officials will be better equipped to target and dismantle terrorist networks after an attack.
“The recent shootings in Buffalo, Uvalde, and Highland Park were nothing short of terrorism. The media, the general public, even the President call them that. But from a legal standpoint, we don’t currently prosecute mass shootings like the terrorist attacks that they are,” Moulton said. “My bill would not only allow mass shooters to be legally treated like terrorists, but it would also expand our ability to prosecute the networks of online enablers behind these attacks.”
Escobar, in a statement, said that if passed, the bill would also help law enforcement break down networks of violent white supremacists.
“My community of El Paso was forever changed by the actions of a domestic terrorist fueled by white supremacy theories,” said Escobar. “With this legislation, we’re giving law enforcement the tools they need to follow through with investigations into terrorist networks and any individual responsible for attacks against our communities. Proactive policies like these are crucial to saving lives and preventing future shootings.”
The bill stipulates that an act of violence would only be considered an act of terrorism if there are three or more casualties, and the suspect used a semi-automatic rifle or fully automatic weapon. Moulton’s communications director, Ron Eckstein, said that the bill’s focus on weapon type was meant to prevent common criminals with handguns from being charged as terrorists.
“By excluding handguns, we force law enforcement to focus their efforts on the slice of shootings perpetrated with the intent to cause mass terror. Handgun shootings are more common in cities, typically with no connection to mass terror but rather connected to gang-related activity,” Eckstein said. “By focusing on assault rifles, the weapon of choice for mass shooters who target our parades, schools, churches, grocery stores, and broader communities, we more effectively hone in on those who are looking to inspire terror and are specifically target protected classes.”
The “Mass Shooter Prosecution Act” also requires the Department of Justice to produce thorough data reports on the arrests made under this and related statutes. Such reports allow Congress to exercise its oversight responsibilities and ensure the law is being implemented in the intended manner.
Eckstein said that the bill would help law enforcement officials investigate mass shootings and terrorist networks more effectively, and ensure that those guilty of “atrocious crimes” are properly prosecuted.
“Although most mass shooters will face life in jail for their crimes, this statute will ensure that all who commit such atrocious crimes face that sentencing guideline. Further, it helps uncover the larger network of enablers behind a mass shooter who materially support them,” Eckstein said. “Communities also want to know if perpetrators are truly lone wolves or if they were given support by external sources. If it is true that others were involved behind the scenes in a shooting, they need to be brought to justice, for both the peace of mind of the families of the victims and to prevent another future tragedy.”
Anthony Cammalleri can be reached at [email protected]