A couple of weeks ago we noted a loophole in the gun background check requirements which allowed Cho Seung Hui to bypass rules preventing the sale of firearms to those of questionable sanity. He was able to purchase guns even though he had been ordered into psychiatric counseling by a judge. Given the terrible consequences that followed, it is not surprising to learn that Virginia has moved quickly to address the problem. On Monday, Governor Timothy Kaine signed an executive order explicitly stating that any involuntary psychiatric care, whether in-patient or outpatient, must be reported to the Central Criminal Records Exchange. This criminal database is used to determine eligibility for Virginia fireams purchases, and the order further specifies that these records are to be shared with federal authorities “as appropriate”.
There are limits to what an executive order can do, of course, and the Governor states in the order that he expects the legislature to deal with the issue more comprehensively in the 2008 session. As it turns out, there are ways to buy guns in Virginia without any background checks: gun shows, trade publications, and private transactions between gun owners. There have been annual attempts to require background checks at gun shows, but none have succeeded thus far.
More broadly, the majority of states do not report any mental health records to the National Instant Criminal Background Check System that is used to vet potential gun guyers. Privacy concerns may make changing this very difficult in each state — unless a similar tragedy occurs there.