USA TODAY International Edition
Fla. shooting sparks review of mental health gun limits
Cracks in Florida’s reporting system allow an untold number of mentally ill people to buy guns, as happened in Wednesday’s school shooting, which is prompting a review at the state and federal level about sales restrictions.
In general, buyers are reviewed for court orders of mental defects, such as being committed involuntarily to a mental institution or acquitted of a crime for mental illness, but not voluntary hospitalizations.
On Monday, President Trump indicated he would be open to improving background checks.
“While discussions are ongoing and revisions are being considered, the president is supportive of efforts to improve the federal background check system,” White House press secretary Sarah Sanders said.
Trump spoke Friday with Sen. John Cornyn, R-Texas, about legislation with Sen. Chris Murphy, D-Conn., to improve compliance with the federal criminal background check for gun buyers, which includes adjudications for mental illness.
Florida Gov. Rick Scott said last week that he would discuss with the Legislature how to prevent people with mental illness from getting guns.
“If somebody is mentally ill, they can’t have access to a gun,” Scott said.
The efforts follow the shooting deaths of 17 people Wednesday at Marjory Stoneman Douglas High School in Parkland, Fla. Nikolas Cruz, 19, is charged with murder in the case.
His public defender, Melisa McNeill, described Cruz in his initial court appearance Thursday as a “broken child” who suffered brain-development problems and depression.
The FBI revealed Friday that somebody called a tip line Jan. 5 to warn about Cruz’s gun ownership, desire to kill people, erratic behavior and disturbing social media posts. FBI Director Christopher Wray said the agency is reviewing why the tip wasn’t investigated and is committed to improving. Regardless of warning signs, Cruz bought the AR-15-style rifle used in the attack about a year ago, according to Peter Forcelli, special agent in charge of the Miami office of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Under the gun laws that we have in this country, including in Florida, a teenager can be prohibited from purchasing an alcoholic beverage, but yet that same teenager can purchase a military-style weapon,” said Jimmy Gurule, a Notre Dame law professor who was a federal prosecutor and former assistant attorney general in the Bush administration. “That’s an insane system.”
In Florida, people 18 years old or older can buy rifles and shotguns, while waiting until at least 21 to buy handguns. Purchases of long guns have no waiting period, while handguns have a threeday waiting period.
The buyer fills out three pages of questions on an ATF form, including about felony convictions and substance abuse. Question 11E is: “Have you ever been adjudicated as mental defective or have you ever been committed to a mental institution?”
Buyers are then checked against the FBI’s National Instant Criminal Background Check System. In 2016, the system had 15.8 million records that could prohibit gun sales, including nearly 4.7 million for adjudicated mental health.