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RICHMOND, Va. (AP) -- Governor Tim Kaine said today he has closed the loophole that allowed a mentally disturbed Virginia Tech student to buy the guns he used to kill 32 classmates and faculty two weeks ago. Kaine says he issued an executive order today requiring immediately that the names of persons found dangerous and ordered to undergo involuntary mental health treatment be entered in a database barring the sale of firearms.
Seung-Hui Cho had been ordered by a court to undergo psychiatric counseling after he was ruled to present a danger to himself. But because Cho was treated as an outpatient and never committed to a mental health hospital, the court finding never made it into the database that federal law requires gun dealers to check before selling a firearm. The law prohibits selling firearms to people judged to have mental disabilities.
Specifically, Governor Kaine is directing the Virginia State Police to request copies of orders both for involuntary inpatient and involuntary outpatient care from district courts. The Governor is instructing State Police to revise SP-237, the form by which they request such data, to explicitly reflect the addition of outpatient care. Finally, the Governor is directing State Police to include this information in the Central Criminal Records Exchange
The Executive Order also directs the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to revise DMH 1006, the form by which it petitions for involuntary care, to reflect that both inpatient and outpatient involuntary care are to be reported to the Central Criminal Records Exchange.
Originally posted by djohnsto77
My reading is that this will only affect people who have been ordered by a court to have mental health treatment, not anyone who has gone on their own.