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Opinion

The shooting deaths of Rev. Lawrence Penzes and Eileen Tosner during morning Mass at Our Lady of Peace Church in Lynbrook marks the latest tragedy gun violence wreaks on our country.

My neighbors and I know all too well the pain that gun violence brings. It has happened everywhere: on trains, in schools, homes, the workplace. And now, in our places of worship.

What is equally disturbing, however, is that this particular act of gun violence could have been prevented. The assailant had a history of mental health problems, yet he purchased a rifle several days before the attack because New York State does not require the review of mental health records for long gun purchases (i.e. rifles, shotguns and many assault weapons).

New York State requires handgun purchasers to undergo a state-based criminal background check in addition to a federal National Instant Criminal Background Check (NICS). The state-based check is more thorough and has access to more records (i.e. mental health and restraining orders). However, long gun purchases are only subjected to the minimal federal NICS check which are deficient of such records. Since long gun background checks are done through NICS, which is run by the federal government, they can't access New York's mental health records.

The 1968 Gun Control Act stipulates that "anyone adjudicated as a mental defective or has been committed to any mental institution" is prohibited from purchasing a firearm. However, only 17 states (New York included) review any records of those involuntarily institutionalized to the background check system, rendering this provision of the law useless in most states. Many states cite privacy concerns or inadequate infrastructure needs when asked to share mental health information with law enforcement officials.

Moreover, the mental health records maintained by these states are often spotty and scattered. For example, some states only obtain involuntarily records from state hospital, not private hospitals. Others only keep records of those who have had overnight stays of at least 14 days.

According to the General Accounting Office, for every 75,000 people who attempt to buy a gun, only one was denied through NICS based on the mental health criteria.

This is unacceptable. We should not allow potential gun purchasers who have a history of mental illness to avoid a background check based upon the firearm they attempt to acquire. States must do a better job sharing mental health records with law enforcement agencies, and these records should be reviewed for all gun purchases, not just handguns.

Carolyn McCarthy


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