Virginia Gov. Jim Kaine closed the so-called ""loophole"" in Virginia's state gun law that allowed Cho Sueng-Hui to purchase the firearms he later used on his rampage.
Although patching up gun laws is necessary—if not obligatory— after the shooting, the action suggests the government will only amend gun laws in hindsight of a tragedy. However, lawmakers should not wait for tragedy to acknowledge these flaws.
The loophole Kaine closed in Virginia dealt with the reporting of mental illness and gun purchasing. Although it is illegal for a person with a mental illness to purchase a gun under federal law, there is no way to double check whether a purchaser actually has a mental illness.
In Cho's case, the federal list of people not allowed to purchase firearms only listed those who received involuntary inpatient mental care. Cho had involuntary outpatient care, and thus was able to buy the gun. The ""loophole"" was not putting those with outpatient care on the list.
More questions arise concerning this loophole. For people who voluntarily see a psychiatrist and are deemed to be a potential harm to themselves and others, there is no way the gun dealer would know.
State laws prevent the release of medical records, so the only safeguard is a box the purchaser must check on a form that asks whether the purchaser has ""ever been adjudicated mentally defective [or] committed to a mental institution."" If a deranged person wants to buy a gun, that person will not check ""yes.""
Supposing there were safeguards in place to prevent people with mental illness from buying guns, there is still one more massive loophole: the sales of firearms at gun shows.
Not only is there no mandate for background checks, but one could easily walk in and buy any kind of gun—from snub-nosed handguns that serve no purpose but for close-range firing, to extremely deadly assault rifles that have little practical purpose. The government should not wait for a massacre involving a gun bought at a gun show to provide some protection from lunatics buying guns there.
The possibility of someone with severe mental illness buying a gun with the intent to kill innocent people is still real. As long as there are lax laws of gun sales in any state, the possibility remains.
Federal and state governments need to establish strict gun laws to prevent anyone from easily purchasing a firearm. They should not have to wait for the next tragedy.
