House passes bill to strengthen national background check

Associated Press

WASHINGTON – The House voted Wednesday to fix flaws in the national gun background check system that allowed the Virginia Tech shooter to buy guns despite his mental health problems.

The legislation, passed by voice vote, was endorsed by the National Rifle Association, boosting its chances of becoming the first major gun control law in more than a decade.

“As the Virginia Tech shooting reminded us, there is an urgent national need to improve the background check system” to keep guns out of the hands of those barred from buying them, House Speaker Nancy Pelosi said.

The measure would require states to automate their lists of convicted criminals and the mentally ill who are prohibited under a 1968 law from buying firearms, and report those lists to the FBI’s National Instant Criminal Background Check System, or NICS.

Seung-Hui Cho, who in April killed 32 students and faculty at Virginia Tech before taking his own life, had been ordered to undergo outpatient mental health treatment and should have been barred from buying the two guns he used in the rampage. But the state of Virginia never forwarded this information to the national background check system.

The House action came as a panel ordered by President Bush to investigate the Virginia Tech shootings issued its findings, including a recommendation that legal and financial barriers to NICS submissions be addressed.

The panel also urged federal agencies to expand programs to prevent school violence and said the Health and Human Services Department should focus on college students in its mental health public education campaign.

Virginia Tech President Charles Steger said the report disclosed “the deep complexities of the issues facing college campuses today,” and said he believes it will help advance federal and state officials’ scrutiny of issues related to society’s safety vs. personal freedoms.

The House bill next moves to the Senate, where gun control advocate Sen. Charles Schumer, D-N.Y., said he was talking to NRA ally Sen. Larry Craig, R-Idaho, and there was a “very strong” chance of passage.

The legislation requires state and federal agencies to transmit all relevant disqualifying records to the NICS database. It also provides $250 million a year over the next three years to help states meet those goals and it imposes penalties on states that fail to meet benchmarks for automating their systems and supplying information to the NICS.

Virginia’s Democratic Gov. Tim Kaine said Wednesday that in ordering state executive branch agencies to upgrade background check reporting last month he found that Virginia was one of only 22 states reporting any mental health information to the NICS. He said the House bill was “significant action to honor the memories of the victims who lost their lives at Virginia Tech.”

“Millions of criminal records are not accessible by NICS,” said Rep. Carolyn McCarthy, D-N.Y., sponsor of the bill.

The NRA worked closely with Rep. John Dingell, D-Mich., a gun rights proponent and senior House member, in crafting the new bill. The NRA insisted it was not gun control legislation because it does nothing to restrict legal rights to buy guns.

The bill would restore the purchasing rights of veterans who were diagnosed with mental problems as part of the process of obtaining disability benefits.

It also outlines an appeals process for those who feel they have been wrongfully included in the system and ensures that funds allocated to improve the NICS are not used for other gun control purposes.