In reaction to VT massacre, Congress passed the NICS Improvement Amendments Act of 2007 (Public Law 110-180), which aimed to incentivize states to share records for NICS (National Instant Criminal Background Check) background checks to prevent mentally unstable people from buying guns. States are supposed to notify "the Attorney General when a court order has been issued or removed or a person has been adjudicated as mentally defective or committed to a mental institution." As shown in the attached chart, compliance varys widely by state.
Even then, there are restrictions on what states can report. The act "Prohibits federal agencies from providing a person's mental health or commitment information to the Attorney General if:
(1) such information has been set aside or expunged or the person involved has been fully released or discharged from all mandatory treatment, supervision, or monitoring;
(2) the person has been found to no longer suffer from a mental health condition or has been found to be rehabilitated; or
(3) the adjudication or commitment is based solely on a medical finding of disability without a hearing and there has been no adjudication under the federal criminal code of mental defectiveness."
This minimal level of screening would reject just the most obvious cases of mental incompetence...and then only if it persists or they are still undergoing treatment. But it's better than nothing, at least until somebody has the balls to remove the loopholes and expand the reporting criteria.
It is important to distinguish between mental illness and evil. I would be shocked if the Aurora killer didn't have schizophrenia. This is a physical illness that manifests itself in the brain. I'm sure it will come out that some people knew that he was seriously disturbed (including, I bet, his mother). Under current rules, he would not have been prevented from buying guns. Had there been more rigorous reporting mechanisms in place, he might have been.
For you gun enthusiasts, why should anyone be able to buy an automatic weapon? There is absolutely no need for that kind of firepower outside of law enforcement. It is outrageous that these guns are being sold.
Mass murders don't happen unless there is a mechanism that allows them to happen.
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