US law would have denied Virginia Tech killer a gun
Legal News Center
Virginia Tech shooting gunman Seung-Hui Cho was technically prohibited from purchasing firearms after a Virginia court found Cho to be an "imminent danger to himself" in December 2005 and issued an order for Cho to receive psychiatric treatment, the New York Times reported Friday. Under federal law, persons "who have been adjudicated as a mental defective or who has been committed to a mental institution" are prohibited from possessing or receiving "any firearm or ammunition." US federal firearm regulations define "adjudicated as a mental defective" to include a determination by a court that the person "is a danger to himself."
Virgina is among 22 states currently submitting mental health records to the National Instant Criminal Background Check System, which requires Federal Firearms Licensees to request background checks on individuals attempting to receive a firearm. Despite being the leading state in reporting mental disqualifications, Virginia's state rules on "mental disqualifications to firearms purchase" differs from the federal regulations and only require submission of records of persons who have been "involuntarily committed" or ruled mentally "incapacitated." Legislation seeking to improve NICS enforcement has been introduced in the House of Representatives in the past three terms, but has never become law.
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New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.