January 11, 2011
USA Today Editorial
After Saturday's mass killings in Arizona, the question was as familiar as it
was painful: "How did a crazy person like that ever get a gun?"
And the
answer was the same as it has been after more gun massacres in the USA than
anyone cares to remember: The laws that prohibit people with mental problems
from buying guns are, so to speak, shot through with holes.
Under the federal law used in most states, the only people barred from
purchasing a gun because of mental-health reasons are those who've been
committed to a mental institution, or ruled mentally defective, by a court. Even
then, states aren't required to report those findings to the federal database
checked by gun stores.
A measure passed in the wake of the 2007 Virginia Tech shootings provides
grants to encourage states to report disqualifying mental illnesses to the
federal database. But many states still don't. From the beginning of 2008
through last August, 13 states — including Alaska, New Mexico and Pennsylvania —
have reported no one as having a disqualifying mental illness, according to the
Brady Campaign to Prevent Gun Violence. During that same period, Arizona filed
4,465 reports, and California filed more than 53,000.
If there is one area where gun-rights supporters and gun-control activists
ought to be able to cooperate, it's on keeping high-powered weapons out of the
hands of the mentally ill. Yet, the killings just keep happening. Since 1980,
there have been 13 mass shootings that claimed at least 10 victims. And the
tolls are particularly grisly when deranged individuals obtain weapons that
allow them to spray large numbers of bullets without having to stop and
reload:
Before the Virginia Tech shootings, Seung Hui Cho had been found mentally
dangerous by a court and ordered to get outpatient treatment. But the finding
never made it to the federal database. Cho used several 15-round magazines to
kill 32 students before shooting himself.
Jared Lee Loughner, the accused gunman in Saturday's spree in Arizona,
appeared so disturbed to some classmates at a local community college that one
wrote in an e-mail that she feared he would " come into class with an automatic
weapon" one day. The school finally suspended him, saying he couldn't return
without clearance from a mental health professional. Yet Loughner breezed into a
local gun store, passed the instant background check and walked out with the
Glock and the 33-round magazine he allegedly used to kill six people and
critically wound Rep. Gabrielle Giffords.
Striking the right balance between identifying those who pose a serious
threat, and protecting the privacy of those who don't, is a delicate task, but
it's one worth revisiting in Tucson's wake.
A far easier call is to reinstate the ban, which expired in 2004, on the sale
of assault weapons and the high-capacity magazines like those used by Cho and
Loughner. Rep. Carolyn McCarthy, D-N.Y., whose husband was gunned down in a mass
shooting on the Long Island Railroad in 1993, is trying to restore the ban on
such magazines. It will be an uphill fight against the powerful gun lobby.
Until Congress and states find better ways to keep guns — or, at the very
least, the high-capacity magazines that make multiple killings easy — out of the
hands of disturbed people, Americans will be asking the same questions after the
next mass shooting.