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Tuesday, May 01, 2007

Closing the loophole

Gov. Tim Kaine signed an executive order that denies firearms sales to people ordered to outpatient mental health treatment.

Virginia Gov. Tim Kaine and Attorney General Bob McDonnell describe the governor's executive order.

Associated Press photo

Virginia Gov. Tim Kaine and Attorney General Bob McDonnell describe the governor's executive order.

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RICHMOND -- Gov. Tim Kaine signed an executive order on Monday closing a reporting loophole that allowed a mentally ill Virginia Tech student to purchase firearms used to kill 32 people and himself on the campus April 16.

Under Kaine's order, the names of all people involuntarily committed to receive mental health treatment will be provided to a federal database used for background checks on potential gun buyers. The governor's order allows no distinction between those sent to a mental health facility and those ordered to receive outpatient care, eliminating a loophole that allowed Tech gunman Seung-Hui Cho to purchase two handguns used in the deadliest campus shooting spree in U.S. history.

A Montgomery County special justice ordered Cho to receive outpatient treatment in December 2005 after concluding that he "presents an imminent danger to himself as a result of mental illness." But because Cho was not sent to a mental health facility, the justice's finding was not reported to the federal database accessed by licensed gun dealers.

Federal law prohibits gun sales to people adjudicated as "mentally defective." Yet Cho was able to purchase a .22-caliber semiautomatic pistol from an online dealer in February and a 9 mm semiautomatic pistol from a Roanoke gun store in March. He did not disclose his mental health history.

Kaine characterized his order as "an administrative clarification" that will conform Virginia's reporting practices with federal law. Virginia is one of 22 states that provide any mental health information to the federal database.

"The key criteria that should trigger the report is the finding of danger," Kaine said at a press conference with Attorney General Bob McDonnell, who assisted the governor's office in reviewing state laws governing gun purchases by the mentally ill.

"Whether that treatment is to be provided in either an inpatient or outpatient facility is of no moment," Kaine said.

The order does not affect people who voluntarily get psychiatric treatment, though Kaine said that issue will be explored further by an eight-member panel he appointed to dissect the Tech shootings.

Kaine and McDonnell attributed some of the confusion about Virginia's reporting requirements to a 2005 state law that changed the criteria for providing mental health information to the criminal records database. The previous law required reporting people who were found mentally ill, considered dangerous and had been "committed to a hospital." The 2005 law broadened the law to require reporting patients "admitted to a facility."

Kaine said courts have interpreted that language inconsistently and that his order will "standardize the practice."

McDonnell said Kaine's step "is one that clearly needs to be taken promptly" to clarify the law and said additional action by the General Assembly is likely next year.

"We're still, obviously, in a state of mourning here in Virginia," McDonnell said. "But the time now has come for action."

Del. Morgan Griffith, R-Salem, said lawmakers likely will take their own look at the law next year.

Kaine's order directs the state police to request copies of all future court orders for involuntary mental health treatment, whether inpatient or outpatient, and include the information in the central criminal records database. Kaine also asked the state police and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to revise certain forms to make it clear that information about outpatient commitments must be reported.

The order applies only to executive branch agencies, but Kaine said he expects state courts "will be very cooperative" in providing the requested information. Kaine's order has no effect on involuntary commitments made before Monday.

"We have no way of knowing what retroactive case would be in the pipeline right now," Kaine said. "We knew we could act today going forward."

A court must restore a person's gun rights before the individual can purchase a gun legally.

Kaine's order is likely the first step in a series of government efforts to address mental health and gun-control issues raised by the Tech shootings.

The independent panel appointed by Kaine is tentatively scheduled to hold its first meeting next week.

Kaine said questions about additional gun control measures and other issues surrounding the shootings should be answered after the panel completes its work.

The governor said he hopes to have preliminary recommendations from the group before colleges start classes in the fall.

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