Under the Gun Control Act of 1968, certain categories of persons are prohibited from access to firearms and ammunition. The nine categories of persons who are ineligible include:
- Persons convicted of a crime punishable by a term of imprisonment exceeding one year;
- Fugitives from justice;
- Individuals who are unlawful users or addicts of any controlled substance;
- Persons adjudicated as mentally incompetent, or who have been ordered to psychiatric care;
- Aliens illegally or unlawfully in the United States;
- Individuals who were discharged dishonorably from the Armed Forces;
- Persons who renounced United States citizenship;
- Individuals subject to a pertinent court order; and;
- Persons who were convicted of a misdemeanor domestic violence offense.
The law is only effective if the relevant data on criminal and non-criminal offenses is provided by the states to the National Instant Criminal Background Check System (NICS).
In 2007, after the shooting at Virginia Tech, where a student killed 32 people and wounded 17 others before killing himself, an investigation found that he was ineligible to purchase a gun because he had been judged to be a danger to himself and ordered to outpatient mental health treatment. However, the state of Virginia reported nothing to the NICS database so a background check would have been ineffective.
That year, Congress passed the NICS Improvement Amendments Act to incentivize the states to provide NICS with the necessary records of persons ineligible to have firearms.
The law emphasized the importance of records relating to persons adjudicated to be mentally incompetent.
Accordingly, the Department of Veterans’ Affairs (VA) instituted policy that requires NICS reporting of individuals who receive VA benefits and are rated incompetent or unable to manage their own affairs. Conservative Republicans and the NRA reacted by pushing for legislation to allow mentally incompetent Armed Forces veterans to keep their firearms. As the Chair of the Veterans' Affairs Committee, Vermont Senator Bernie Sanders joined their efforts.
In April 2013, in response to the public outcry after 20 Second and Third Graders were slaughtered in their classrooms with their teachers in Newtown, CT, the Senate was about to vote on a package of gun safety laws.
The Safe Communities, Safe Schools Act of 2013 was popularly known as the Toomey-Manchin bill for its two authors, Senator Pat Toomey (R-PA) and Senator Joe Manchin (D-WV). Numerous amendments to the bill would also have roll call votes, including one sponsored by Senator Richard Burr (R-NC) the Ranking Member of the Veterans Affairs Committee, "To protect the Second Amendment rights of veterans and their families."
The night before the first vote, Senator Sanders appeared on Bill Maher's HBO show, Real Time. There was intense media attention focused on the expected legislation. Sanders spoke about the topic.
Transcript:
Sanders: Let me say this. I certainly agree that we gotta move forward on gun control but maybe the more important issue is we've got millions of folks walking the streets who are in need of mental health and they can't walk into a place to get it. And that's a real . . .
Maher: This is the NRA talking point. I'm not saying it's wrong. I'm just saying that's what they say.
Sanders: Well, look I can tell you in my office, and I think every Senator will tell you. People call up and say y'know, my brother, I'm really worried about him. I don't know what he's gonna do to himself. I don't know what he's gonna do to someone else. We need help.
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Sanders finished his spiel about mental health care and he returned to the Senate where he voted to let mentally incompetent veterans have their guns just a few days later.
Senator Richard Burr's amendment would have prohibited the VA from referring veterans who are found to be mentally incompetent to NICS. It was rejected by a vote of
56-44. Sanders voted with the Republicans and nine Democrats.
The vote took place only two months after Chris Kyle, who had served as a US Navy SEAL, was shot and killed by another veteran who had mental problems. (The story was made into the movie, 'American Sniper.') It wasn't like no one could imagine a deranged vet killing anyone.
To be fair and accurate about Sanders, he did vote for universal background checks, and other gun safety measures that came up with the exemption for veterans. He has a record of strong support for veterans but allowing troubled individuals to have access to firearms isn't a favor to anyone. It's bad judgment.
The appearance on Bill Maher's show to talk about the need for mental healthcare to curb gun violence makes Sanders look self-serving and untrustworthy.