"RICHMOND – Governor Timothy M. Kaine today issued Executive Order Number 50 instructing all executive branch agencies to immediately begin including the names of individuals found dangerous and ordered to undergo involuntary mental health treatment in the database accessed before the sale of firearms by licensed gun dealers to ineligible individuals. The order clarifies that there will be no distinction in reporting based on whether an individual is ordered to undergo inpatient or outpatient treatment.
“Our office was pleased to work with Governor Kaine to quickly remedy this apparent ‘disconnect’ between state and federal law,” Attorney General Bob McDonnell said. “With today’s action by the Governor, and additional solutions likely to be considered during Virginia’s next legislative session, Virginians can feel confident that all of us are working in a bipartisan and responsible way to promote public safety.”
Attorney General Bob McDonnell provided legal advice and research assistance to the Governor during a review of state laws affecting the purchase of firearms by those adjudicated mentally ill. The review was prompted by the April 16th tragedy on the campus of Virginia Tech.
Specifically, Governor Kaine is directing the Virginia State Police to request copies of orders both for involuntary inpatient and involuntary outpatient care from district courts. The Governor is instructing State Police to revise SP-237, the form by which they request such data, to explicitly reflect the addition of outpatient care. Finally, the Governor is directing State Police to include this information in the Central Criminal Records Exchange, the database checked prior to firearms sales, and to share the information with federal law enforcement agencies.
The Executive Order also directs the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services to revise DMH 1006, the form by which it petitions for involuntary care, to reflect that both inpatient and outpatient involuntary care are to be reported to the Central Criminal Records Exchange."
UPDATE: Bob Lewis story hits the national AP wire.
UPDATE #2- Bill Bolling responds:
"RICHMOND - Earlier today, Governor Tim Kaine announced that he had issued Executive Order 50, instructing all executive branch agencies to immediately begin including the names of individuals found dangerous and ordered to undergo involuntary mental health treatment in the database accessed before the sale of firearms by licensed gun dealers to ineligible individuals. In response to this announcement Lieutenant Governor Bill Bolling issued the following statement:
“I applaud the Governor’s decision to close this obvious loophole in current state law by Executive Order. No one who has been determined by a responsible judicial authority to be mentally ill and a threat to themselves or others should be allowed to purchase a gun.
“Unfortunately, the recent tragic shootings at Virginia Tech vividly revealed that Virginia’s current laws in this regard are inadequate and must be revised. By requiring that this information be reported to the appropriate federal authorities, and included in the Central Criminal Records Exchange, we can lessen the chance of this happening again in the future.
“However, the ultimate solution to this problem must come in the form of legislation considered and approved by the General Assembly. I am currently working with the Division of Legislative Services to draft such legislation for consideration during the 2008 legislative session.”