After the triple shooting in Elizabethtown, advocates call for “CARR” law to prevent gun violence

LOUISVILLE, Ky. (WAVE) – Following the triple shooting that left Erica and Janet Riley dead in Elizabethtown Monday morning, activists are pointing to a gun violence prevention law as a possible tool to protect victims of domestic violence.

The Crisis Aversion and Retention of Rights (CARR) Act would allow law enforcement to temporarily remove a person's access to firearms if the person is experiencing a mental health crisis or poses an imminent threat to others.

The bill would allow anyone to contact police if they believe someone they know poses a threat to themselves or others. Law enforcement could then file a request with a judge, who would then decide if there is enough evidence to temporarily take away the guns.

Once the weapons are released from their possession, an evidentiary hearing will be held six days later. The judge could then decide whether to extend the order.

If an extension is granted, the hearing would also be an opportunity for the judge to connect the person with mental health services.

Although the bill has bipartisan support, it did not receive a vote in the last legislative session because some lawmakers consider it a violation of the Second Amendment.

Whitney Austin, a gun violence survivor and founder of the organization Whitney/Strong, says the bill could be a tool to prevent fatal cases of domestic violence.

“It's a direct way to temporarily release firearms in a crisis, and we know that's really important when someone is a victim of interpersonal violence,” Strong said.

Strong said CARR would provide victims of domestic violence with an opportunity to obtain court-ordered protection much more quickly.

Erica Riley had filed for a restraining order against Christopher Edler on August 8 and was killed before her hearing on Monday.

“This all happens very quickly, within hours, within a day,” Strong said. “When you think about this incident, there was a very long window of time between the moment this order was requested and the hearing. We simply cannot allow that to happen. We have to protect victims in these situations, and CARR is one way to do that.”

Riley claimed she and her two children were abused for a year and a half. According to court records, Elder was charged with domestic violence multiple times in 2006, 2007 and 2008. All charges except those from 2006 were dropped.

CARR would not only temporarily take away a person's firearms if they are deemed a threat to others, but it would also mark that person in the background check system, preventing them from purchasing any more guns for the duration of the order.

Under the 2024 version of the bill, the order could be extended for up to 90 days. In similar bills in other parts of the country, it can be extended for up to a year.

Strong is urging lawmakers to reconsider the bill in 2025.

“We have another tool in our arsenal that is bipartisan, that is evidence-based, that saves lives across America,” Strong said. “All I ask is that they seriously consider this bill in 2025 so we can make sure that what happened on Monday doesn't happen again.”

WAVE reached out to the bill's lead sponsor, Sen. Whitney Westerfield (R-Fruit Hill), for comment. In a statement, Westerfield pointed to a recent Supreme Court decision upholding a federal law that prohibits individuals who are victims of domestic violence from owning firearms.

“The whole situation is tragic, and as is often the case after something this horrific, I wonder what could have been done to prevent it,” Westerfield said of Monday's shooting. “CARR provides a constitutional way to temporarily remove a firearm from someone in crisis before they harm themselves or others. No constitutional right is unlimited, and Kentucky law, just like every other state, already recognizes limitations on Second Amendment rights that are perfectly lawful. CARR is an important addition to those protections. I hope, especially after the Supreme Court's decision in Rahimithe General Assembly will take up CARR in 2025. Now is the time to put this constitutional protection into effect.”

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