The National Instant Background Check System (NICS) has prevented many disqualified persons from buying firearms from licensed dealers. But the system isn’t perfect. To fix some of the known problems, three Democrat and eight Republican Senators co-sponsored Senate Bill S.480 “The NICS Reporting Improvement Act of 2013” in order to clarify circumstances under which a person loses the right to receive or possess firearms based on mental illness. This act requires States and Federal entities to add to NICS people who were found by a court:
- To be an imminent danger to themselves or others.
- To be guilty but mentally ill in a criminal case.
- To be incompetent to stand trial in a criminal case.
- To be incompetent to stand trial in a criminal case.
- To be not guilty only by reason of lack of mental responsibility under the military law (UCMJ).
- Required involuntary inpatient treatment by a psychiatric hospital.
- Required involuntary commitment to a psychiatric hospital for any reason, including drug use.
- Required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person was an imminent danger to himself or others.
The Alice Boland case was offered as an example of the need to fix the system. Boland had made threats against President Bush and told investigating agents: “I would shoot him and the entire U.S. Congress. If I had a gun, I would shoot you, too.” In 2005 a Federal District Court Judge concluded she had schizophrenia and was legally insane. Boland pleaded “not guilty by reason of insanity.” This information was never submitted to NICS. In February 2013, Boland went to a gun store, passed the NICS background check and bought a gun. She took the gun to a private school in Charleston, S.C., and attempted to kill two staff members. Though she pulled the trigger many times, the gun wouldn’t fire.
A law requiring this information be submitted to The National Instant Background Check System will prevent future incidents like this. Currently, States have the option to not submit mental health information to NICS. Chris W. Cox, executive director of the NRA’s Institute for Legislative Action, said, “This bill will create accurate definitions of those who pose serious threats and should be barred from the ability to buy or possess a firearm, while protecting the rights of law-abiding citizens and veterans.”
Unfortunately, Democrats quietly smothered this bi-partisan sponsored bill in committee. It was never brought to the Senate floor for a vote. Why? Liberals support background checks. They highlight the over one million firearms purchases denied by NICS. They’re all for Universal Background Checks so why wouldn’t the support improving the system used to conduct those checks? You can draw your own conclusions. Personally, I believe their goal is not to reduce criminal access to firearms, but to reduce everyone’s access to firearms and Senate Bill S.480 wouldn’t do this. If the committee let this bill come to a vote, they (Liberals) would be on record as not supporting improvement of background checks if they voted against it. They would rather spend their efforts trying to make selling your gun to a neighbor a felony.