US law would have denied Virginia Tech killer a gun
Legal News Center
Virginia Tech shooting gunman Seung-Hui Cho was technically prohibited from purchasing firearms after a Virginia court found Cho to be an "imminent danger to himself" in December 2005 and issued an order for Cho to receive psychiatric treatment, the New York Times reported Friday. Under federal law, persons "who have been adjudicated as a mental defective or who has been committed to a mental institution" are prohibited from possessing or receiving "any firearm or ammunition." US federal firearm regulations define "adjudicated as a mental defective" to include a determination by a court that the person "is a danger to himself."
Virgina is among 22 states currently submitting mental health records to the National Instant Criminal Background Check System, which requires Federal Firearms Licensees to request background checks on individuals attempting to receive a firearm. Despite being the leading state in reporting mental disqualifications, Virginia's state rules on "mental disqualifications to firearms purchase" differs from the federal regulations and only require submission of records of persons who have been "involuntarily committed" or ruled mentally "incapacitated." Legislation seeking to improve NICS enforcement has been introduced in the House of Representatives in the past three terms, but has never become law.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.