Arizona already has a law to keep mentally ill from obtaining guns

By Ken Rineer

In a story in the Arizona Daily Star ("Loopholes allow the troubled to arm," June 7), Associated Press journalist Arthur H. Rotstein wrote, "But Arizona has no law requiring the information concerning mentally ill citizens be sent to the national databank. And none is in the works."

Rotstein quoted State Rep. Pete Hershberger, R-Tucson, as saying, "Requiring that would be very difficult to do in Arizona because of the political climate, and it would be a very difficult path to decide where to draw the line. But that's not to say that it's not appropriate."

Hogwash! Rotstein should do his homework before making such a claim and Rep. Hershberger should know better — he has been in the Legislature for a long time.

The Arizona Revised Statutes are clear. ARS 36-540 subparagraph N states, "If a person has been found, as a result of a mental disorder, to constitute a danger to self or others and the court enters an order for treatment pursuant to subsection A of this section, the court shall grant access to the person's name, date of birth, Social Security number, date of commitment and, on termination of treatment by court order, date of termination to the Department of Public Safety to comply with the requirements of Title 13, Chapter 31 and Title 32, Chapter 26."

In the Arizona Department of Public Safety's fiscal 2007 annual report, on Page 98, it is stated, "In May 2007, Maricopa and Pima County authorities began submitting information to DPS on persons adjudicated as mentally defective who are subsequently prohibited from possessing, transferring and purchasing firearms. Submission protocols are being developed by four additional counties while dialogue continues with the nine remaining jurisdictions. The information is exchanged with the Federal Bureau of Investigation and indexed into the National Instant Criminal Background Check System (NICS). The NICS database is used by licensed firearm dealers to determine eligibility for firearms purchases."

A judge determined that David Nickolas Delich, the suspect in the killing of Tucson police Officer Erik Hite, was a danger to himself or others in 2004, after this law was passed in 2003.
On Jan. 8, HR 2640, a bill to improve the National Instant Criminal Background Check System, became Public Law 110-180. This federal legislation provides grant money to states and tribal governments to adopt systems to report individuals who have been barred from possessing a firearm for mental health reasons to the National Instant Check System.

This information was widely reported, including in this paper. If a state or tribal government does not comply, monies will be withheld from them as a penalty.

What is the media's fixation on loopholes when no loophole exists?

Place the blame squarely where it belongs, on Delich, not some ghost loophole.

However, I suggest an investigation into why Delich was not in the system as a prohibited possessor and which law-enforcement agency or court dropped the ball.

Write to Ken Rineer at purist2@juno.com .

Ken Rineer is President of Gun Owners of Arizona (GOAz)