Buying a gun
Here’s some discussion as to how Cho did it. I’d asked before how he was able to since he was adjudicated mentally defective. Says Kopel:
Well, let’s take a look at the statute. I think, actually, the federal law was clear enough in this case, but the problem was that, as in lots of cases, the law didn’t get properly enforced.
The Federal Gun Control Act, ever since 1968, has prohibited the possession by a person or the sale to a person who is what they call mentally defective. The Bureau of Alcohol, Tobacco and Firearms wrote a regulation, and that regulation says that that category includes a person who has been found by some kind of official body to be a danger to himself or others.
Cho was found to be a danger to himself or others when he was brought before a magistrate. The magistrate had the option to commit him but found that less restrictive treatment, the outpatient treatment, would be sufficient. Yet even though he wasn’t committed, that’s sufficient under federal law to bar him for the rest of his life from ever possessing a firearm.
And, in fact, there’s a case from the federal district court of Michigan, U.S. v. Vertz, that finds exactly that, that, in a very similar situation, the Federal Gun Control Act did apply and prohibited the person from having a gun.
Now, clearly it would be very helpful if these regulations were better known and disseminated more broadly to the mental health community and to the judges and magistrates who may make these commitments or determinations about a person’s danger so that this information does get reported.
April 23rd, 2007 at 2:08 pm
I thought what happened to Cho was kinda like a plea bargain. He agreed to “voluntarily” seek outpatient treatment to keep from being involuntarily committed.
Personally, I don’t like the idea of a judge being able to take away your gun rights forever because they think you might be a danger to yourself or others. How long before some of these judges think that gun ownership in and of itself is a danger to yourself and others?
It doesn’t take a huge leap of faith to envision the anti-gunners using the courts to ban guns where they’ve failed in the legislature.
What happened at VT was a tragedy, and as a VT alum it hits pretty close to home. But I’m not about to advocate violating Peter’s civil rights just because Paul thinks he’s mentally ill.
April 23rd, 2007 at 7:07 pm
Everybody needs to read “Catch 22”, to see how this would work.
It is a nice funny story, but also an absolutely accurate commentary.
April 23rd, 2007 at 8:24 pm
Gun laws broke down in this case. Cho should not have been allowed to purchase a handgun or any other gun. Obviously he had to lie on the form, but that’s what criminals and whackjobs do. The “instant check” system was supposed to catch that, but it didn’t.
This is a case where existing gun laws, even as lax as they are in VA and generally in the South, could have prevented a tragedy if they were enforced. I seriously doubt the killer was hooked up enough in the “criminal underground” to obtain a weapon otherwise.
On the other hand, I guess he would have probably figured out the “gun show loophole” or conducted a private sale out of the newspaper classifieds sooner or later. But maybe he would have gotten counseling in the mean time. Who knows?
One of the complaints that I’ve heard (including some that you allude to) is that local officials don’t have the time, money, or resources to report everything that should be in the “instant check” database.
I’m not saying that every English teacher’s concerns about an essay should be included, but certainly a judge’s determination that an individual is a danger should be. If it’s not the law, it ought to be. And compliance should be mandatory and enforced.
Too many loopholes, too many senseless deaths.
April 23rd, 2007 at 9:56 pm
Great site…I’m glad there are others out there who are still talking about gun control, since the MSM is likely to let it slide, along with most everyone in DC
Here is my contribution to the effort:
Arm Fratboys -or- Curb Straw Purchases?
I linked to your site on http://deadissue.com – hope you’ll check it out and maybe reciprocate.
Peace – DI
April 24th, 2007 at 8:27 am
R. Neal, I think there is no provision in VA law (and 20 some other states) to allow for mental health records to be reported for the NICS.
April 24th, 2007 at 5:09 pm
If it weren’t Virginia, the law would have worked to prevent him from obtaining a gun.