Sen. Lindsey Graham Promotes Bill to Tighten Background Checks

Citing the near tragedy at Ashley Hall School in Charleston, Sen. Lindsey Graham was one of four Senators to introduce The NICS Reporting Improvement Act of 2013 which would strengthen laws pertaining to the acquisition of weapons by a person with a history of mental illness.

Graham made the announcement at a Wednesday press conference in Washington where he was joined by Republican Jeff Flake of Arizona and pair of Democrats, Mark Begich of Alaska and Mark Pryor of Arkansas.

At present, mental incompetency adjudicators do not have to report their findings to the National Instant Criminal Background Check System (NICS) which is the clearinghouse for all new gun purchases.

Graham's legislation would applies to individuals whose cases are determined to be:

• an imminent danger to themselves or others;
• found guilty but mentally ill in a criminal case;
• was not guilty in a criminal case by reason of insanity or mental disease or defect;
• was incompetent to stand trial in a criminal case;
• was not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice;
• required involuntary inpatient treatment by a psychiatric hospital;
• required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is an imminent danger to himself or to others; and
• required involuntary commitment to a psychiatric hospital for any reason including drug use.

“The Alice Boland case is ‘Exhibit A’ of a broken background check system,” said Graham.  “An individual who pleads ‘Not Guilty by Reason of Insanity’ should not be able to pass a federal background check and legally purchase a gun. As astonishing as it sounds, that actually happened. Our bill addresses the Boland case, and other similar instances, to ensure that those who have been declared an imminent danger to themselves or others aren’t legally able to obtain a firearm. I would expect overwhelming bipartisan support for our legislation.”

The legislation ensures that individuals would retain their Second Amendment after they have recovered from their mental illness. The legislation also does not apply to persons in a mental institution for observation or those who voluntarily admit themselves to a psychiatric hospital.

Erin Dando of the South Carolina chapter Moms Demand Action for Gun Sense in America, sent Patch the following statement:

Sen. Graham has validated the importance of background checks by working to make them more effective; however, unless our leaders close the gunshow loophole where 40% of gun purchases skip this critical review, the proposed bill will only be partially effective. If the bill is approved, other Alice Bolands, criminals, terrorists and domestic abusers can still purchase a gun through a private sale at a gunshow in South Carolina since we do not require the NICS background check in these publicly advertised and operated shows.

Another bill in the Senate, by New York Sen. Charles Schumer would require background checks at nearly all points of sale for guns.

In South Carolina, several lawmakers joined Attorney General Alan Wilson for legislation that would limit the mentally ill's access to guns.

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