The paper of record, pardon the expression, nails it:
You know Virginia doesn't work with the federal statute deliberately; it shouldn't be difficult to coordinate if any halfway good faith effort was wanted, where there's a will, there's a way.So thank you, N-fucking-RA.The federal law defines adjudication as a mental defective to include “determination by a court, board, commission or other lawful authority” that as a result of mental illness, the person is a “danger to himself or others.”
Mr. Cho’s ability to buy two guns despite his history has brought new attention to the adequacy of background checks that scrutinize potential gun buyers. And since federal gun laws depend on states for enforcement, the failure of Virginia to flag Mr. Cho highlights the often incomplete information provided by states to federal authorities.
Currently, only 22 states submit any mental health records to the federal National Instant Criminal Background Check System, the Federal Bureau of Investigation said in a statement on Thursday. Virginia is the leading state in reporting disqualifications based on mental health criteria for the federal check system, the statement said.
Virginia state law on mental health disqualifications to firearms purchases, however, is worded slightly differently from the federal statute. So the form that Virginia courts use to notify state police about a mental health disqualification addresses only the state criteria, which list two potential categories that would warrant notification to the state police: someone who was “involuntarily committed” or ruled mentally “incapacitated.”
“It’s clear we have an imperfect connection between state law and the application of the federal prohibition,” Mr. Bonnie said. The commission he leads was created by the state last year to examine the state’s mental health laws.
No comments:
Post a Comment