Closing our handgun loophole
Wednesday's No. 2 editorial.
As state Attorney General Roy Cooper sees it, “People with severe mental illnesses should not be able to purchase a gun. It’s as simple as that.”
Now, state law doesn’t prevent individuals committed involuntarily for mental health treatment or evaluation from buying them.
Legislation in the General Assembly would close that loophole by entering into a national databank the names of people ordered by state courts to get such care. As a result, they no longer could legally buy handguns in North Carolina and several other states.
The push to tighten gun ownership rules comes in the aftermath of the April 2007 massacre at Virginia Tech, which claimed the lives of 32 students and faculty members.
The shooter, student Seung-Hui Cho, had been involuntarily committed to a mental health facility but his name never was entered in the national “don’t buy” registry. He later purchased the two weapons used in the bloodbath.
That glaring omission has led to change. In Virginia, Gov. Tim Kaine signed an executive order closing the information gap, and Congress has expanded the federal database.
Cooper and bill sponsor Sen. Tony Rand, D-Cumberland, are on target addressing the problem. It’s imperative to spot potentially dangerous people and keep guns out of their hands before the violence begins.
Critics argue that the bill is too broad and could unfairly deny gun ownership to someone ordered to undergo outpatient treatment for drug or alcohol abuse. People needing help, they warn, may not seek it.
However, the law allows for appeals by petitioning state courts to remove names. If it proves too cumbersome, the process always can be revised.
But as Cooper contends, no one has yet to make a convincing argument that someone involuntarily committed for mental troubles is entitled to purchase a handgun.
Future tragedies can be averted by reasonable preventive measures. Closing purchase loopholes is a start.
Comments (2)
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I agree with the sentiment expressed in the article, but I think that the purchase prohibition should be based on the result of the a psychiatric evaluation, not just the committal alone.
Why? What's the difference?
To figure that out, you'll need to carefully read the rules for having someone committed in the state of NC. They can be found here. Scroll down to Part 7 where it says that 'Anyone who has knowledge of an individual who is mentally ill...' and read to the letter of the law. As you read, keep in mind how this procedure could be used maliciously to embarrass or humiliate someone, and now, scar her permanent record. This very thing happened to someone I knew years ago. She was involuntarily committed by her boyfriend's ex, out of spite. A Guilford County Sherriff came to her house, picked her up, and took her to Charter. Imagine if this happened to you... and think what it would take to try to appear completely sane in spite of your anger and confusion. Even though the committer initially told a lie to a magistrate, your emotional state might make that lie temporarily true. Even if your sanity is vindicated, the committer can claim to have witnessed some behavior that can't be proven or disproven. The committer is in little danger of being charged with perjury.
Since it takes little more than a lie to have someone committed, I hope that serious decisions like gun ownership refusal are based on professional evaluations, not personal grudges. And while we're on the subject of overhauling dangerous laws, how about the one in the link above?
Posted on July 9, 2008 4:57 PM
Cliff, wonderfully said!! I couldnt agree more.
Speaking of Roy, here is a TRUE STORY about Roy for the public:
Roy Cooper, in my opnion, should be focusing on things to help victims of domestic violence. Infact, how about women who actually WORK in his department??? I personally know someone who was one of them. All she got from Roy's underlings.. (who we the taxpayers pay over $100,000 a year), was: "You can sleep under your desk, it may not have the same amenities as home, but".... She also suffered verbal abuse and humiliation by Roy's "duly designated" representatives because of her decision to leave her position ASAP and go out on FMLA. OH MY GOD!! What about the BUDGET and FUNDING for NEXT YEAR??? *sarcasm* But that is their way of looking at it. It is how the State looks at everything.. but yet they can spend it and waste if faster than it is printed. *end of rant, back on track*....
After she resigned from her position, to get to a safe location she wrote to Roy. Roy Cooper NEVER answered her 7 page letter or phone calls regarding this issue. She could of been shot with a gun by a crazy person while working at the Department of Justice in Raleigh!
Now, THAT would of been CRAZY, huh?
I guess Roy has good intentions but lets make sure the person is actually found to be mentally ill before we go making more laws that are as insane as not allowing your dog to chase squirrels on the Capital grounds.
Crazy people have always had guns. Look it up.
Posted on July 11, 2008 4:25 PM