Federal law requires a background check for gun purchases from licensed dealers, but not private sellers at gun shows or elsewhere. Some states have their own laws to close the loophole, requiring a background check or a permit (issued after a background check) for all purchases.  Mr. Obama’s executive action Tuesday does not expand federal law, but clarifies that some private sellers claiming to be hobbyists exempt from those requirements might need to conduct background checks. The president is also asking Congress for funding to hire 200 new agents and investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives, and he said the F.B.I. would increase the number of workers processing background checks.  According to federal law, individuals cannot buy a gun if a court or other authority has deemed them a “mental defective” or committed them involuntarily to a mental hospital. Only a handful of states prohibit broader categories of people with mental illness from obtaining a gun.  If they have been ordered to outpatient treatment  If a guardian has been appointed to manage their affairs  If they have been voluntarily admitted to a mental hospital  If they have demonstrated threats or been given other certain diagnoses  Mental health records are overwhelmingly under-reported to the federal and state databases scanned during a background check. For example, while the majority of states now have laws that require them to submit records to the F.B.I.’s National Instant Criminal Background Check System, known as NICS, there is little enforcement, and the comprehensiveness of those records vary significantly.  Mr. Obama said Tuesday that the Social Security Administration would start to look at how to link mental health records with criminal background check data. He is also requesting $500 million from Congress to improve basic mental health care.  to NICS per 100,000 residents  to NICS per 100,000 residents  to NICS per 100,000 residents
A major background check loophole, variation in state laws and incomplete record-sharing leave openings for people with mental illness to purchase guns.