Quote:
Originally Posted by Lady Brave
The reporting of mental health commitments to NICS is not mandatory and most states do not do an automatic check for commitments when running backgrounds. Truth be told, most states rely on the applicant to voluntarily disclose their mental health history when he/she submits a firearms purchase application. Unfortunately, right now, we rely on the honor system to find out if someone has prior mental health issues. On top of that, some states refuse to disclose mental health information all together.
I don't know what VA's gun law is with regards to mental health commitments. I do know that the VT shooter was not prohibited to purchase firearms under federal law. You cannot be denied firearms under federal law if you are committed to an institution or hospital and only held for observation. I can't remember who actually had him initially committed, but the hospital chose not to formally commit him and only held him for observation. He did not qualify as a prohibited person because the hospital ultimately did not find him to be a mental defective or incompetent while he received treatment.
VA is one of the leading states that cooperates with NICS in reporting mental health commitments. According to the NICS rep I spoke with about the VT shooter, VA did everything to the letter with regards to his background check. The shooter simply slid through a very small crack in the statute. Until the Feds fix that crack and make all mental health commitments a prohibitive category, regardless of the diagnosis or treatment a person receives, crazy people will continue to be approved for firearms purchases.
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Everything I read about the VT shooting and I live in the area so there was a ton of stuff to read. Is that by Va. standards what he was committed for should have made it illegal in Va. for him to buy a fire arm and should have been report as such. He did not fall through some crack in the system it was a failure on someones part to report this to the proper people.