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Wednesday's Our View

Information to save lives
11/30/2005
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Our Position: Congress should send gun bill to president.

We'd call it a Catch-22 of the most ridiculous sort: Despite the fact that federal law prohibits the mentally ill from purchasing firearms, most states have privacy laws barring such information with law enforcement. In those states where that information is barred, the names of the mentally ill are not included in a database that licensed gun dealers must check before making sales.

Legislation currently pending in Congress that has bipartisan support seeks to get more of the disqualifying records into the database utilized by licensed gun dealers

In addition to mandating the sharing of mental health records, the legislation would require that states improve their computerized record-keeping for felony records and domestic violence restraining orders and convictions, which also are supposed to bar people from purchasing guns.

The FBI, which maintains the National Instant Criminal Background Check System, has not taken a position on the bill, but the bureau is blunt about what adding names to its database would do.

"The availability of this information will save lives," the FBI said in a recent report.

Since 1998, when the NICS replaced a five-day waiting period before a gun could be delivered to the purchaser, more than 53 million background checks for gun sales have been conducted. According to the FBI report, more than 850,000 sales have been denied. In most of those cases, the applicant was denied the purchase because he or she had a criminal record.

Legislation sponsored by Rep. Carolyn McCarthy, D-N.Y., says millions of records are either missing or incomplete.

And, as McCarthy noted, "The computer is only as good as the information you put in it."

Only 21 of the 50 states provide NICS at least some names of people with serious mental illness, a disqualifier for gun purchases under federal law since 1968. Iowa, we were pleased to note, is one of the 21. Others are Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Kentucky, Louisiana, Michigan, New Jersey, New Hampshire, New Mexico, North Carolina, Utah, Vermont, Virginia, Washington and Wyoming.

Alabama joined the list in 2004 after a man with a history of mental illness -a history that included two involuntary commitments -killed two police officers with a rifle he bought on Christmas Eve. The shootings led Alabama lawmakers to share with the FBI the names of people who have been committed involuntarily on the way to mental institutions.

Legislation similar to that introduced by McCarthy in the current Congress did not pass Congress in 2002 and 2004 when it was opposed by some advocates for the mentally ill and some gun rights groups.

If there is any validity to the old saw about the third time being a charm, Congress will send the law to President Bush for his signature in 2006. It should.


©SW Iowa News 2009

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Reader Comments
Added: Wednesday November 30, 2005 at 06:08 PM EST
Oh Mr. or Mrs. opinion writer, the pickle you put yourself into. You want tougher gun registration and purchasing laws, choosing to select a pretty rare occurance (mental illness) to hang your "more disclosure" hat on.

However, you would be giddy as a child on Christmas to have the Patriot Act repealed or at least have its "teeth" removed. In defense of this, you point to the constution, free speech, privacy, guilty until proven innocent.

But when it comes to firearms, also protected by the same document we all hold so dear, you have no problem advocating tougher laws that in essence open up law abiding citizens privacy in exchange for purchasing a gun. I recently went through the check to purchase a new hunting shotgun, it took over an hour. I chocked that up to stellar government efficiancy and an overworked store clerk.

To me and many others the contridictory positions that liberals take is amazing, you talk that privacy is sacred, that the Patriot Act is an invasion of that principle, but in the same breath want more personal information divulged to the government for the purchase of a firearm, by which all tabulations are done predominatly by law abiding enthusiasts.

You weep for where the Child Sex Offender that violates the 2000 foot halo will go to live, most logical people will tell you as long as it is not within the 2000 foot zone they can live wherever they'd like. I personally take it a step farther and would say the French had it right on with Devil's Island as illustrated in Papillon. Hey I understand there is some land out in Western Nebraska, that was supposed to be used for a nuclear waste site that could potentially be picked up pretty cheap.

This is not to say that I do not agree with criminal background checks for firearms, I do. However I remember when the background check and the waiting period was just for handguns, it was expanded to long-guns. The problem that gun owners have is the incremental attack on the right. The libs appeal to the lawmakers and the public logic to chip away at it just like you are in this article. So yes on the surface sharing mental health records to flag that someone is mentally ill in the NICS sounds good, but what do you "Civil Liberty" advocates have in store for the gun owner next?

An armed society is a polite and honest society, you never know who is packing heat! Just reference the attempted robbery in Benson for proof of that.


Jeremy Thielen

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