Mass Shootings Do Little to Change State Gun LawsJanuary 3rd, 2013 3:13 pm Joaquin Sapien
by Joaquin Sapien, ProPublica
Following the mass shooting in Connecticut, the Obama administration and lawmakers around the country have promised to re-examine gun control in America.
ProPublica decided to take a look at what’s happened legislatively in states where some of the worst shootings in recent U.S. history have occurred to see what effect, if any, those events had on gun laws.
We found that while legislators in Virginia, Alabama, Arizona, New York, Texas and Colorado sometimes contemplated tightening rules after rampage shootings, few measures gained passage. In fact, several states have made it easier to buy more guns and take them to more places.
Here’s a rundown of what’s happened in each of those states:
Virginia: After 23-year-old Virginia Tech student Seung Hui Cho killed 32 students and faculty members at the university in April 2007, then-governor Tim Kaine assigned a blue-ribbon task force to examine gun policies in the state. The task force made dozens of recommendations that, among other things, suggested that the state intensify background checks for gun purchasers, and ban firearm possession on college campuses. None of the recommendations became law.
The most significant change in Virginia came two weeks after the shooting, when Kaine signed an executive order requiring the names of all people involuntarily committed to mental health facilities to be provided to a federal database called the National Instant Criminal Background Check System, or NICS. Licensed gun dealers are supposed to check the database before they sell anyone a gun.
President George W. Bush subsequently signed federal legislation requiring all states to submit their mental health records to NICS, but to gain the support of the NRA, Congress agreed to two concessions. It made changes to the way the government defined who was “mentally defective,” excluding people, for example, who had been “fully released or discharged” from mandatory treatment. The law also gave mentally ill people an avenue for restoring their gun rights if they could prove to a court that they had been rehabilitated. After the law passed, the NRA pushed state lawmakers to limit roadblocks for people applying to regain their rights.
Virginia is particularly open to restoring people’s gun rights. A 2011 New York Times investigation found that the restoration process in the state allowed some people to regain access to guns simply by writing a letter to the state. Others were permitted to carry guns just weeks or months after being hospitalized for psychiatric treatment.
This past year the Virginia state legislature repealed a law that had barred people from buying more than one handgun per month — a law put in place because so many guns purchased in Virginia were later used in crimes committed in states with more restrictions.