Perhaps Another Gun Law is Needed
Given the terrible tragedy at Virginia Tech. by a disturbed gunman, a South Korean National, who was legally in the United States and also attending Virginia Tech. under a Student Visa, cries of more gun control are ubiquitous.
Most states forbid purchases by convicted felons, people classified as mentally ill, and there are other federal laws prohibiting gun ownership by those convicted of spousal abuse. The news of the day states that Cho Seung-Hui had undergone a mental evaluation. According to ABC news taken from the Drudge Report, “A court found that Virginia Tech killer Seung-Hui Cho was "mentally ill" and potentially dangerous. Then it let him go.”
It appears that this critical data was never reported and entered into the database that is used to screen potential gun buyers. This is a key failure of bureaucratic organizations who should report the mental status of those too unstable and who should not be allowed to purchase guns. Who was responsible for not reporting the information on his mental condition? This is not to point fingers, but to understand where the process broke down, so it can be addressed and fixed.
I also wonder if reporting his medical information to another government agency violated his rights to privacy or at least potentially violated the disclosure of his medical records. I ask these questions honestly because I don’t have these answers.
There is another major flaw in our gun laws. The U.S. Constitution grants the right to “bear arms to U.S. citizens. Article II states: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” The words. “the people” refers to the people (citizens) of the United States. It does not grant that right to all the people of the world who just happen to be here. Non-citizens do not have a fiduciary interest in the “security of a free state” meaning the United States. So what is the legal basis for allowing non-citizens allowed to purchase guns? Many do not have that right in their home country.
For instance, a legal alien or illegal alien with any state driver’s license can purchase a gun. That is wrong. Anyone getting off a plane from another country can obtain a legal driver’s license and then purchase a gun. Even those from countries that do not allow the sale of pistols can buy a pistol. Non-citizens should not be allowed the purchase of a gun, but now they are asked to check a blank on a gun purchase form that they are required to sign. There is no verification of citizenship.
Is there anyone who supports the rights of non-citizens to purchase and own guns? Only American citizens should have the right to purchase and own firearms in the United States. I would like to hear the arguments of disagreement. If not, all state legislatures should act. Perhaps Congress should act as well.