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Obama to take executive action on gun background check system following Senate vote
Since 1968, federal law has banned the sale of guns to those who have been deemed a danger to themselves or others, involuntarily committed or judged not guilty by reason of insanity or incompetent to stand trial. The background check system, which is also used to prevent convicted felons from buying guns, was established under the 1993 Brady Bill.
A few state agencies shared mental health records voluntarily for years, but the Virginia Tech massacre in 2007 spurred passage of legislation that required states to submit the records or eventually risk losing up to 5 percent of the federal funding they receive to fight crime.
Last year’s review by the Government Accountability Office found that although the number of mental health records available to the background check system increased 800 percent since 2004, some states said they were not sharing mental health information because of concerns about restrictions under HIPAA privacy law. Obama is interested in a change that would specifically allow disclosure of mental health records for the system, and he wants to increase financial incentives for states to contribute the information.
In the Virginia Tech rampage, student Seung-Hui Cho shot 32 people to death and committed suicide. He was able to buy two guns even though he had been ruled a danger to himself during a court hearing in 2005 and was ordered to undergo outpatient mental health treatment.
Authorities have not described a possible motive or released details of any mental health condition that might explain why Sandy Hook shooter Adam Lanza killed 20 children and six adults before killing himself. The rifle he used was purchased by his mother, whom he also killed at home before heading to the school.
The background check system does not give retailers access to mental health records but simply tells them whether a buyer is approved, denied or needs additional investigation before a firearm may be purchased. The system doesn’t tell the seller why a potential buyer was denied.
Copyright 2013 The Associated Press
