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Bartholomew Roberts · January 3, 2020, 07:03 PM

Without looking up the actual trial records, that type of finding of incompetence is enough to make you a prohibited person in ANY of the fifty states. However, it has to be reported to NICS by the state judicial system to trigger NICS.

In 2012, there would have been federal grants available specifically for that purpose due to the NRA-supported NICS Improvement Act of 2007. However, as the Sutherland Springs shooting showed, there was still lots of information not being reported. Fix NICS Act - an improvement of the improvement - passed in the 2017-2018 session. So that would have been another opportunity to get those records into the system.

My guess would be that he wasn’t reported during the trial and once he was found competent, he wasn’t reported as having been adjudicated mentally ill - much like the VA Tech shooter wasn’t reported by the state because they didn’t want to make him a prohibited person (which is essentially a lifetime ban now as Congress has funded ATF appeals for decades).

January 3, 2020, 07:03 PM	#63
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Without looking up the actual trial records, that type of finding of incompetence is enough to make you a prohibited person in ANY of the fifty states. However, it has to be reported to NICS by the state judicial system to trigger NICS. In 2012, there would have been federal grants available specifically for that purpose due to the NRA-supported NICS Improvement Act of 2007. However, as the Sutherland Springs shooting showed, there was still lots of information not being reported. Fix NICS Act - an improvement of the improvement - passed in the 2017-2018 session. So that would have been another opportunity to get those records into the system. My guess would be that he wasn’t reported during the trial and once he was found competent, he wasn’t reported as having been adjudicated mentally ill - much like the VA Tech shooter wasn’t reported by the state because they didn’t want to make him a prohibited person (which is essentially a lifetime ban now as Congress has funded ATF appeals for decades).