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Virginia Tech Families Call On Congress To Fix Gun Background Checks

First Posted: 01/14/11 06:00 PM ET Updated: 05/25/11 07:25 PM ET

Virginia Tech Families

WASHINGTON -- In the wake of Saturday's Tucson shooting, in which a gunman killed six people and injured 13 others, family members of victims in the mass 2007 shooting at Virginia Tech are urging Congress to fix a gun background-check system that often allows people to buy firearms even after they have been convicted of crimes or judged mentally ill.

Jared Lee Loughner, the alleged shooter of Rep. Gabrielle Giffords (D-Ariz.) and others, fits the profile to be denied gun ownership under federal law. He has a documented history of drug abuse, including a 2007 arrest on drug charges. But like Virginia Tech shooter Seung-Hui Cho, Loughner was able to slip through the cracks and purchase a gun because of missing records in the background-check system that federally-licensed gun dealers consult before selling a weapon.

Congress has attempted to solve this problem before, but with unsatisfying results. In the months following the Virginia Tech shooting, lawmakers passed a bill meant to increase the number of records entered into the National Instant Criminal Background Check System. But three years later, hundreds of thousands of records are still missing, allowing many to pass background checks they might otherwise fail.

Lori Haas, whose daughter Emily survived being shot twice in the head at Virgina Tech, said the weekend's events should renew focus on the need for Congress to implement stronger gun control. Cho, the Virginia Tech shooter, purchased a gun over the counter despite being found a danger to himself in court in 2005, which should have disqualified him from such a purchase.

"What is frightening to us is that over and over, you have these mass tragedies because our elected officials are failing to act to fix the broken system," Haas told HuffPost. "When mentally ill people get their hands on a gun, something is wrong with the system."

Since 2007, Congress has provided only a small amount of the funds it promised states to improve documentation in the background-check system. Of the $375 million authorized in the bill, only $20 million has been allocated so far.

"They made a promise the the Virginia Tech family members and they haven't followed through with it," said Arkadi Gerney, a special advisor to New York City Mayor Michael Bloomberg who works with the Mayors Against Illegal Guns coalition.

Due to the difficulty and cost of rounding up the proper documentation, most states have been slow to enter mental health and other records into the system. Ten states have entered no mental health records, and 18 others have entered less than 100. That means thousands of records are lost from the background-check system: For comparison, Virginia has entered about 139,000 mental health records in the past three years.

In Arizona, the situation is improving, but slowly. The state had entered no mental health records into the National Instant Criminal Background Check System as of the end of 2006, but now has submitted 5,036.

Still, better funding would not fully resolve the issue of guns being sold to criminals and the mentally ill, due to a loophole that allows private gun vendors, including gun shows, to sell without background checks. "You know criminals go to these gun shows," Haas said.

Haas said she was disappointed that many legislators have focused on the need to improve safety for public officials after the Tucson shooting rather than implementing more gun controls.

"It's offensive to me that some congresspeople are worrying about how to protect themselves, when really it should be about who's going to protect the citizenry," Haas said. "Who is going to protect me and my daughter? Who is going to protect Christina Taylor Green?"

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WASHINGTON -- In the wake of Saturday's Tucson shooting, in which a gunman killed six people and injured 13 others, family members of victims in the mass 2007 shooting at Virginia Tech are urging Cong...
WASHINGTON -- In the wake of Saturday's Tucson shooting, in which a gunman killed six people and injured 13 others, family members of victims in the mass 2007 shooting at Virginia Tech are urging Cong...
 
 
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COMMUNITY PUNDITS
Freesia2 12:19 AM on 01/15/2011
I wish them success. (They deserve it. God knows.) I wish it would happen.

But it won't.

As long as one of the 2 major (and definitive) political parties in this country are on the payroll of and owe many of their votes and their very jobs in some states and districts to the NRA - it won't happen. As long as in the face of another tragedy the woman that that party ran for the Vice Presidency  Read More...
05:05 PM on 01/22/2011
The medical profession has been generally supportive of gun control. Medical examiners, who get the front row view of the carnage, have been remarkably silent. Virginia's medical examiner, who recently spoke about the V-Tech massacre at a national professional meeting, instead of crying foul about inadequate gun control and mental health monitoring, complained about the resistance of next of kin to approve of autopsies.
Contostavlos
04:02 PM on 01/20/2011
Where does the supposed "right to bear arms" end....not automatic weapons, how about missiles? tactical nuclear weapons?....should i have the right to have a hand grenade? to put land mines around my house?...the NRA and their flacks are absurd.....and they are accessories to crime....
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HUFFPOST SUPER USER
Pundit Commentator
http://punditcommentator.blogspot.com
04:42 AM on 01/19/2011
InanimateObject
Oh thats right, people like you don't pay attention to facts that don't agree with your emotional agenda.
---------------------
that would be trying to do something to reduce the likelihood of a 9 year old girl's murder as opposed to the republican/nra response to pray and do nothing? yes, indeed, very emotional.

the latest college study tries to figure out how libs and conservatives are wired differently and conclude liberals have more empathy:

http://www.youtube.com/watch?v=IALbQHksuiM
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HUFFPOST SUPER USER
Pundit Commentator
http://punditcommentator.blogspot.com
04:28 AM on 01/19/2011
This MSNBC Lawrence O'Donnell (former Congressional aide to NY Senator Moynihan) interview with Rep Trent Franks of Arizona is pretty much how the debate over NY Rep McCarthy's "gun fix" bill (co-sponso­red by 42 Dems and 0 Republican­s) goes here on the HP discussion forum.

http://www­.msnbc.msn­.com/id/21­134540/#41146169
12:09 PM on 01/17/2011
Interesting to see these massacres happening in states with loose or virtually no gun laws such as VA and AZ. Coincidence?
HUFFPOST SUPER USER
InanimateObject
07:06 AM on 01/18/2011
Interesting how all those rabid gun control states, especially those rabid gun control cities don't have lower murder or violent crime rates eh? But then, people like you wont look at the facts, just mumble some inanie and useless rhetoric in a petulant childs outburst of emotions.
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HUFFPOST SUPER USER
Pundit Commentator
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04:30 AM on 01/19/2011
actually, yes they do.

see rachel maddow's show from last week with exactly these facts from a blue ribbon commission looking into the data

http://www.msnbc.msn.com/id/26315908/ns/msnbc_tv-rachel_maddow_show/
03:58 PM on 01/20/2011
Listen genius, the problem with guns in states than have heavy regulation is that the bad guys go down south or out west and bring them back to the inner cities where there is a market for them.....so regulating guns is like regulating air pollution...it needs to be uniform in each state so that it is difficult for crooks and nuts to get them legally......really sick of the twisted logic that the NRA has brainwashed so many people with...then again all they need is an eyedropper of water to brainwash most of you...
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CanadjunBeef
Remember Jesus, the radical liberal
12:33 AM on 01/17/2011
The odd thing about guns is, the more that are out there, the mire will find their way to criminals. The more there are in criminal hands, the more guns non-criminals will buy for self-defense. Notice that handgun sales soared in Arizona after the shooting. This product creates its own demand. Gun manufacturers can't lose, but at the cost of more danger to everyone else.
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HUFFPOST SUPER USER
Pundit Commentator
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04:30 AM on 01/19/2011
truth
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CanadjunBeef
Remember Jesus, the radical liberal
12:28 AM on 01/17/2011
There are other parallels between the Virginia Tech and Tucson suspects, including bizarre and paranoid behavior in class. In my country, the onus is on the buyer of a handgun to prove they are mentally stable and trained in safety. Why can't America do the same? "Responsible" gun owners should not object.
HUFFPOST SUPER USER
InanimateObject
07:18 AM on 01/18/2011
When the government does their job with the laws that exist today, and they do include the traking of those who have through proper due process been judge mentally unstable (as all progressive nazi's should be) then get back to us. But since the government fails to catch any of the 100% of people using a fake identification, fails to prosecute more than 1% of those rejected by the background check which is 65,000 to 75,000 people a year. Rougly split between felons (50%) and then wacko's in the other 50%.

Yeah, funny how that is an AWFUL lot of people that are left free to do what they want.

Especially since in todays world, only 4.48% of felons attempt to buy from a licensed dealer.

Yeah, since there is no government data to show improvement on the prosecution numbers/rates posted by the FBI & USDOJ which is the real risk?

You wish to demand what responsible gun owners will due, yet where is the government and why aren't you screaming bloody murder for their failures.

As to Canadian gun control, lol, murders not reduced, violent crime rate up 47% and over 3 times higher violent crime rate than the US. Don't believe us, just review your Statcan government database and our FBI UCR database for 1997 to 209 data. By the way, how many crimes has that $2 billion plus dollar boondoggle of a registration work program solved, lol, none, as normal. Less guns nevers equals less crime.
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HUFFPOST BLOGGER
Jamie Schler
Writer at Life's a Feast & Huff Post blogger.
04:27 AM on 01/16/2011
I, too, am shocked, saddened and infuriated with politicians hypocrisy and crocodile tears when they cry for victims yet do nothing at all about gun control, allowing themselves to be bullied by the NRA! I am stunned that people can suggest that the way to protect ourselves from gun violence is by buying ourselves guns! Control violence with violence! What a horrifying notion and what a terrible thing! My father succeeded in buying a gun and ammunition when he was suffering from both dementia and paranoia - and it is impossible to believe that the person who sold him the gun could not tell they had someone who was other than sane and healthy in front of them.
06:02 AM on 01/16/2011
Well said!

I think the God-like power of the NRA is going to prove to be a myth. They're goin' down, and not with bullets, but through the power of people who are tired of the stupid bullies.
04:40 PM on 01/16/2011
Jamie--you must have missed the fact that the NRA is powerful because it represents a far higher percentage of the population than does the BC/VPC/CSGV. Are you equally upset that the unions are fairly powerful?
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CanadjunBeef
Remember Jesus, the radical liberal
12:34 AM on 01/17/2011
Union-bashing. Yadda yadda.
12:38 AM on 01/16/2011
As a parent of a 2007 VA Tech grad, I couldn't agree more that gun laws need to be re-visited and tightened both at the state AND national level.

The "Gun Show loophole" is big problem area. VA has the dubious distinction of being well known as one of 5 southern states that are major suppliers of guns used in crimes in the northeast where stricter gun laws exist. (google "iron pipeline")

One of the Tech students, Colin Goddard, who was shot 4 times and survived the massacre, has made a documentary called "Living for 32". It will be in this year's Sundance Film Festival. He actually went to some of these gun shows and had absolutely no problem purchasing automatic weapons despite having no proof of identity to show. However, when he took the guns to the Henrico County Sheriff's Office TO TURN THEM IN, he was subjected to questions, background checks and interrogation as if HE were a criminal. What's wrong with this picture????

The fix must start somewhere. We citizens must be outraged enough to contact our representatives in Congress and demand tightening gun legislation. Urge their strong support of Rep. Carolyn McCarthy's bill which deals with limiting magazine capacity. Also send a message that you're outraged ANYONE, including terrorists and mentally disturbed individuals, can walk into a gun show, show some cash and come out with weapons and ammo enough to commit the kind of carnage we saw last week in AZ. Or worse.
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Ma Lucille
there is a crack ~ that's how the Light gets in
01:46 AM on 01/16/2011
Amen! I'm a gun owner... and I stand with you on this.
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HUFFPOST PUNDIT
RevJimIII
Open Carry Oklahoma!!
01:51 AM on 01/16/2011
There is no loophole where gun shows are concerned, the law applies the same both inside and outside of that venue.
 
Mr. Goddard engaged in legal activity when he purchased those firearms, both he AND the persons selling them never broke any state or federal law as they are written.
09:32 PM on 01/16/2011
Yes, agreed, he did make legal purchases----which kinda is the point. Licensed gun dealers are required (in VA) to make a criminal background check, but a gun show is like a flea market or yard sale: private sellers are not required to check anything about anyone. If you show the cash, you can buy whatever you want. THIS inconsistency between dealers and private sellers is commonly known as "the Gun Show loophole" and it's one thing that needs to be addressed for the sake of public safety.
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HUFFPOST SUPER USER
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10:40 PM on 01/15/2011
To all the absolutist­s out there, building up reserves for a second uprising against a tyrannical government just remember this:

There are always many ways to solve a problem. India eventually won its freedom from the same British oppressors as USA by giving up its uneven gun fight and embracing the path of non-violen­t aggression­.

In the nightmare-­never-gonn­a happen scenario of an American govt waging war on its own citizenry, American citizenry even with its 283million guns has no chance up against the might of the highest funded Army in the world, equivalent to the sum of the next top 17 Armies in the world
12:10 AM on 01/16/2011
"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms, as the blackest.”
~Mohandas Karamchand Gandhi
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CanadjunBeef
Remember Jesus, the radical liberal
12:37 AM on 01/17/2011
And Ghandi was . . . shot to death. Look it up.
This user has chosen to opt out of the Badges program
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03:16 PM on 01/16/2011
How many of these military personnel or Law Enforcement will participate in a confiscation of firearms from the citizens of this country by Force? We would have a Civil War within 2 weeks...
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HUFFPOST SUPER USER
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01:59 AM on 01/19/2011
because you are an absolutist, you go to the opposite of your extreme view. nobody is coming for your guns.

polls show the majority of americans are in favour of strengthening gun control.

there are always reasonable moderate positions in any argument.
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HUFFPOST SUPER USER
lpharless2000
Live . . . Laugh . . . Love
10:37 PM on 01/15/2011
Gun ownership regulations are already quite stringent. And more and more can be proposed and implemented. But shootings such as the Arizonna tragedy will still happen unimpeded.

Here's why: Those with evil intent will obtain their weapons illeagally. In fact gang members and others with like mind now find it preferable to buy guns off the street. They know they could not obtain them legally as most gang members are under age, have a rap sheet, etc. Nor do they see it as beneficial to have a legal paper trail leading to them and their weapons.

As gun ownership becomes more and more restrictive, just like with drugs, the supply will only increase due to the demand and the profitability on the black market. The only thing that will change is the number of legal gun owners will decrease while illeagle gun ownership increases. Gun ownership could be outlawed entirely and criminals would still have guns.

Anyone intent on committing a crime of violence with a firearm is almost certainly not going to try to obtain that firearm through legal channels. Why would he?
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CanadjunBeef
Remember Jesus, the radical liberal
12:40 AM on 01/17/2011
The reason an American criminal can always find a gun is that there are too many being bought and sold with too little oversight. Countries that regulate gun ownership, such as Britain, Japan, Singapore, have extremely low rates of homicide. Stop making excuses for murder.
12:25 PM on 01/17/2011
and the differences in rates were there BEFORE the gun laws went into place
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HUFFPOST SUPER USER
lpharless2000
Live . . . Laugh . . . Love
08:50 PM on 01/17/2011
It's not an excuse for murder. How could you read that into my statement? It's just a simple fact. Wherever there are people with evil intent and money, there are going to be guns.

One could regulat he hell out of the gun industry in the US and it would stop nothing. It would start, however, a very lucrative black market for guns from eastern Europe and the former Soviet Union states.

Like I said earlier, schedule I drugs are not legal anywhere in the United States. Yet there is enough heroin and cocaine on the streets to sink a battleship. Statistics shown by the DEA leads us to believe that heroin is much more pure and cheaper than it was in the '60's, '70's, and '80's. The reason being the US is such a lucrative market.

The constant war of the two cartels against the Mexican government should give us a least some insight into the basic problem. Where there is a demand, there will be supply.

One need only look at prohibition in this country. It was the law of the land that there would be no liquor. But as we know from history, the demand was there, regardless of the law, and gentlement such as Al Capone (and many others) stepped up to supply this demand making themselves outrageously rich in the process.

So as one may deduce from this example alone, more and stricter gun regulations will do very little.
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HUFFPOST SUPER USER
Pundit Commentator
http://punditcommentator.blogspot.com
02:02 AM on 01/19/2011
Fun facts about Canada: 36 million people but only 200-odd gun deaths last year.

before you can buy a gun, you must
take a safety course
wait 28 days
get a permission slip from your spouse or ex-spouse

source: michael moore on The Rachel Maddow Show yesterday
This comment has been removed due to violations of our [Guidelines]
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HUFFPOST SUPER USER
MetrointheWoods
07:13 PM on 01/15/2011
Nowadays, the law says that 'Mental Illness' is to be treated like any other medical condition. As of this posting, I'm still not exactly clear as to what exactly was missed at the institutional level. I understand he was dismissed from the junior college, but with some vague requirement for a 'psychological evaluation.' Until last Saturday, did anybody honestly make a real, genuine attempt to get this individual any sort of mental help? Did he actually do anything that would trigger any sort of psychiatric commitment.

It's my understanding that he was arrested for Drug-related charge, but he completed some kind of alternative program that allegedly had his record expunged (which doesn't correspond with the whole World knowing about it now.)

When we're talking about 'fixing' background check information, my question is simple: what are we fixing? What will be the 'trigger' to make someone mentally incapable of owning a firearm? Was it some junior college prof's opinion? Was he actually committed someplace?

The only problem I see, as of right now, is the fact that someone convicted of recent drug charge had the opportunity to buy a gun.
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HUFFPOST PUNDIT
RevJimIII
Open Carry Oklahoma!!
01:55 AM on 01/16/2011
He had not been adjudicated on any mental illness or convicted of a qualifying felony which would then flag NICS and restrict him from purchasing a firearm. I am not sure what class drug charge he faced, but it must not have been a flag for the system.
 
Nobody that knew him personally or the college submitted his name to any agency for further review, they simply kicked him out and suggested he seek therepy.
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HUFFPOST SUPER USER
Pundit Commentator
http://punditcommentator.blogspot.com
06:51 PM on 01/15/2011
Please don't let the absolutists control the national debate. Firearms are already restricted. Reject the case for blind application of the Second Amendment. Support sensible precautionary measures like solid background checks and the national mental health database.
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HUFFPOST SUPER USER
Pundit Commentator
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06:38 PM on 01/15/2011
Congress, please listen to these people.