The Boston Globe

Questions of where hospital shooter got his guns bedevil police

- By Steven Porter GLOBE STAFF Steven Porter can be reached at steven.porter@globe.com.

One of the big unanswered questions hovering over the active investigat­ion into the Nov. 17 fatal shooting at New Hampshire Hospital in Concord pertains to John Madore’s guns: Where did he get them?

Authoritie­s said Madore, 33, used a 9mm handgun to kill security officer Bradley Haas, 63, in the hospital lobby. They also found a rifle and ammunition in a U-Haul truck that was left with its engine running outside as Madore, who had rented the truck, mounted the attack.

But those weapons found at and near the scene of the shooting were not the same handgun and rifle that Strafford police found on Madore’s bed in 2016 after they responded to reports that he had attempted to strangle his sister and mother. Those other firearms remain in the custody of Strafford police, according to a spokespers­on for the New Hampshire Department of Justice.

Court records show Madore was charged with felony assault and reckless conduct for the 2016 attack, during which he barricaded himself in his room and warned officers he had guns and “this was not going to end well.” The charges were dismissed in late 2017 after he underwent a competency evaluation. He was involuntar­ily admitted, for a time, to the staterun psychiatri­c hospital he attacked this month.

Investigat­ors haven’t said where Madore got his guns before the shooting. Did he buy them from a dealer at some point in the past seven years?

“If he did, it absolutely clearly demonstrat­es a major flaw in the system right there,” said Concord-based attorney Evan F. Nappen, who represente­d Madore in the 2016 case.

Under federal law, those who have been involuntar­ily “committed to a mental institutio­n” are prohibited from buying or possessing any firearm or ammunition.

Madore might have acquired the firearms in a private transactio­n or obtained them illegally. But if he went through a dealer, then the background check system didn’t prevent him from completing the purchase. (It is also unclear whether Madore’s involuntar­y admission in 2016 was long enough to constitute an involuntar­y commitment that should have led to the cancellati­on of any subsequent firearm purchase.)

The DOJ spokespers­on, Michael S. Garrity, said investigat­ors are continuing their work and will prepare a public report at the end. He didn’t say where investigat­ors suspect Madore may have gotten the guns.

A public memorial service for Haas, a former chief of the Franklin Police Department, was held Monday evening at Winnisquam Regional High School in Tilton, N.H.

Nappen, a self-described Second Amendment advocate who has built his practice as a defender of gun rights and gun owners, said the status quo in New Hampshire inappropri­ately allows prohibited people to slip through the background check process by simply not disclosing their record of involuntar­y commitment.

“Is that really ‘pro-gun’? I don’t think it is,” he said. “I think it’s pro-stupid.”

Nappen said New Hampshire should update its laws to ensure both that informatio­n about involuntar­y commitment­s is added to the FBI’s National Instant Criminal Background Check System and that individual­s have a path to seek the expungemen­t or annulment of those records after they get the mental health care they need.

“No matter how much you want to support the Second Amendment, you’re not doing anybody any favors by allowing prohibited persons to get away with lying on the form,” he said. “And at the same time, by not having a relief mechanism, honest law-abiding people that want to do the right thing, that are perfectly safe and sane, and want to get their rights restored cannot do it.”

Fixing this pair of problems is something the federal government and other states have been working on for well over 15 years, Nappen said, as evidenced by the federal NICS Improvemen­t Amendments Act of 2007, which passed after the mass shooting at Virginia Tech.

Still, leaders in New Hampshire and some other states have resisted, citing concerns about the reliabilit­y of NICS data and the rights of gun owners and people with mental illness.

New Hampshire is among five states, plus the District of Columbia, without explicit legislatio­n to require or allow NICS reporting in situations where clinicians and family members successful­ly petition a court to order an involuntar­y psychiatri­c commitment, according to research published Nov. 17 by the JAMA Health Forum.

Among all New England states, the researcher­s from the Journal of the American Medical Associatio­n found New Hampshire had the lowest rate per capita of people listed in NICS for adjudicate­d mental health reasons.

If a dealer sold a gun to Madore, it wouldn’t be the first time such a transactio­n was allowed in New Hampshire despite documented concerns about severe mental illness. It wouldn’t even be the first time such a series of events enabled violence against law enforcemen­t.

In 2016, Ian MacPherson shot and wounded two Manchester police officers weeks after buying a handgun. He was found not guilty by reason of insanity in 2018 and sent to the state’s secure psychiatri­c unit. He was recommitte­d in January 2023 for another five years and transferre­d to New Hampshire Hospital.

The officers filed suit against the retailer who sold the gun, Chester Arms of Derry, and the New Hampshire Department of Safety’s background check system, known as the Gun Line, claiming they should have blocked MacPherson from buying the firearm.

The officers lost at the trial court, so they appealed to the New Hampshire Supreme Court, which heard oral arguments in February. The case is listed as pending.

New Hampshire is among six states that use a mixed system for background checks, according to the JAMA research. While the federal NICS system is used for all firearms background checks, the state-run Gun Line handles the process for handgun purchases. The idea is that the Gun Line can find errors in NICS data and use additional state-level informatio­n to verify a buyer’s eligibilit­y.

Frustratio­ns over sluggish response times led New Hampshire lawmakers to pass bills in 2021 to eliminate the Gun Line altogether and rely exclusivel­y on NICS, but Governor Chris Sununu vetoed the bills, concluding that they would cause “substantia­l unintended negative consequenc­es by ceding control” to the federal government.

 ?? MICHAEL DWYER/ASSOCIATED PRESS ?? Police gathered at the entrance to New Hampshire Hospital, the state’s psychiatri­c facility, on Nov. 17, in Concord, N.H.
MICHAEL DWYER/ASSOCIATED PRESS Police gathered at the entrance to New Hampshire Hospital, the state’s psychiatri­c facility, on Nov. 17, in Concord, N.H.

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