Decatur, Ala. | Wednesday, May 22, 2013
Font Size: A A A A

A simple fix for state gun law

A state law passed with the goal of reducing access to guns by the mentally ill has been a failure.

Farron Barksdale bought a semi-automatic rifle in December 2003, while he was on leave from a mental health treatment program. Days later, he used the gun to kill two Athens police officers, Sgt. Larry Russell and officer Tony Mims.

Barksdale was able to buy the gun, it turned out, because the state was not providing data on involuntary commitments to the FBI’s National Instant Background Check System, known as NICS. Gun dealers use the system as a quick check to determine whether a prospective buyer is barred from gun ownership.

Even with complete cooperation from states, NICS is far from fool-proof. At best, it only prevents felons and people whose mental illness has resulted in an involuntary commitment from buying a gun from a dealer.

The Alabama Legislature, however, wisely concluded that it should at least make sure NICS had involuntary commitment data. Some tragedies would be averted.

The problem is that the law it passed in 2004 had a huge loophole. Probate courts may only report involuntary commitments to NICS when a police officer testifies the person used a weapon or was a threat to use a weapon. That rarely happens.

State probate judges added only four names to the NICS database in 2012, even though thousands of Alabamians were involuntarily committed as a result of mental illness. About 250 Alabama records have been added to NICS since the law passed in 2004, a tiny fraction of the state’s involuntary commitments.

The state law includes a little-used appeal process. Because the procedure does not meet due-process requirements, its main significance is to prevent the state from applying for federal grants under the NICS Act Record Improvement Program.

There are no home runs in controlling America’s rampant gun violence. The issues are complex, and emotions surrounding gun control are intense.

No single law will solve the problem of gun violence or of mass shootings, but the state Legislature should at least look for easy fixes.

Amending the 2004 law — so that all involuntary commitments are added to the NICS database and so that the appeals process does not prevent the state from receiving federal grants — would be a good start.

Not registered? Click here
E-mail this
Print this
Comments
5 comments on this item

Certainly the federal government can develop an agency to archive the people who should not be allowed access to firearms, much like the way it operates the US postal service........on second thought.............

The government is going to raise taxes, and control (sieze) guns. That's the agenda!

Amazing. Simply amazing how the DD staff has answers to, not just Alabama's problems, but those on the national level. How fortunate are we to have such talent, vision, and leadership all rolled in to one neat package and working beside the railroad tracks in lil' ole Decatur, Alabama. Amazing! Simply amazing!

Lets give everybody a simple test to pass when applying to get a gun.

What would you propose Ted?

You must be logged in to post a comment. click here to log in.
Follow Us On Twitter 
Decatur Daily @DecaturDaily
High School Sports @DecaturPreps
Living @DecaturLiving
Seth Burkett @DD_SethBurkett
Bill Campbell @DD_BillCampbell
Deangelo McDaniel @DD_Deangelo
Eric Fleischauer @DD_Fleischauer
Bayne Hughes @DD_BayneHughes
Ben Montgomery @DD_BMontgomery
Meredith Qualls @DailyMeredith
Mary Sell @DD_MarySell
Ronnie Thomas @DD_RonnieThomas

Alerts The Way You Want Them
Sign up for our any or all of our alert services & receive breaking local news, daily updates, sports, weather & more in your inbox or mobile device.
Mobile Devices
View our site on your smartphone or tablet devices.
Text Alerts (Subscribers Only)
Breaking news, bible quotes, weather, sports, horoscopes, stocks & more sent to your mobile devices.
Email Newsletter
Receive breaking local news, daily updates, sports, weather & more. Enter your e-mail address below.




Most Read
Most Recent
Most Commented
LeBron saves Heat at buzzer of Game 1 27 minutes ago Updated Wed 11:22PM
City moves on amphitheater 42 minutes ago Updated Wed 10:22PM
Hatton senior to be first in family to go to college 42 minutes ago Updated Wed 10:22PM
‘I will not answer any questions’ 42 minutes ago Updated Wed 10:22PM
Strike up the grads 42 minutes ago Updated Wed 10:22PM
Garcia apologizes for charged comment 42 minutes ago Updated Wed 11:22PM
Duncan leads Spurs to win in overtime 42 minutes ago Updated Wed 11:22PM
Alabama manages 6 hits, no runs in loss to LSU 42 minutes ago Updated Wed 11:22PM
Events Calendar
Wednesday, May 22, 2013 see all events
  • Wed
  • 22
  • Thu
  • 23
  • Fri
  • 24
  • Sat
  • 25
  • Sun
  • 26
  • Mon
  • 27
  • Tue
  • 28
Madison City Farmers Market
Madison City Farmers Market Lot
12:00 AM - 1:00 PM
Pickwick Belle, sightseeing cruises
Pickwick Belle Riverboat
1:00 PM - 2:30 PM
Madison City Farmers Market
Madison City Farmers Market Lot
12:00 AM - 1:00 PM
Daikin Festival
Morgan County Fairgrounds
6:30 PM - 9:00 PM
Pickwick Belle, dinner cruises
Pickwick Belle Riverboat
7:00 PM - 9:00 PM
Madison City Farmers Market
Madison City Farmers Market Lot
12:00 AM - 1:00 PM
Madison City Farmers Market
Madison City Farmers Market Lot
12:00 AM - 1:00 PM
Morgan County Girls Basketball Camp
Priceville High School
8:30 AM - 12:30 PM
Madison City Farmers Market
Madison City Farmers Market Lot
12:00 AM - 1:00 PM
Poll
What grade would you give the Alabama Legislature as it prepares to finish the 2013 session on May 20?