True, those who have a mental illness and fly under the radar are going to get around this law. So why make new laws that we can't enforce when we can't enforce the laws we already have?
I don't accept that the mentally ill are making any conscious effort to fly under the radar so that they can own guns. If you mean that they are doing do deliberately, I think you're being silly. Nobody chooses to have mental problems. I hope I misunderstand you on that and apologize if I do.
Still, I strongly agree that "new laws that we can't enforce" are a bad idea.
But Mike in Co hit it on the head with "...fix the problem.....gun access by sick people..."
People are going to try to fix that problem. They are going to try to do so by passing laws that they think they will be able to enforce.
As gun owners, are we simply going to say "That's impossible!" then stick our fingers in our ears and hum when anyone makes a proposal?
Personally, I think someone will come up with a proposal that includes:
1. Making it easy to tag someone as "disturbed" without a legal finding of incompetence.
2. Making sure all the databases of "disturbed" folks are merged.
3. Changing the instant check system to initially deny all transfers if there is a "disturbed" person in the same household.
4. Then, requiring that transfer approvals will only be granted if applicants show they maintain a high-quality storage system that prevents the disturbed person from accessing their firearms.
On the surface, this sounds reasonable and if someone were to introduce it right now, I think it might pass. After all, it's not gun control; it's nutjob access control.
However, the downsides are horrific.
1. The ability to designate someone as "disturbed" will be delegated lower and lower until if the local police chief doesn't like you, you'll wind up in some database you shouldn't be in.
2. Discrimination against the people in those databases will become widespread.
3. Getting yourself off the list will be impossible.
4. While sending people off to the gulags for mental illness is unlikely, effectively the same result would happen as those people get cut off from the world.
5. The storage requirement would almost certainly force people to allow LEO inspections inside their homes for reasons that would violate any sane interpretation of the 4th.
6. None of this would work unless face-to-face transfers were prohibited and all transfers went through a dealer and NICS. A little illegal recordkeeping and you have a de facto gun registration system that paves the way for total future confiscation.
What I'm saying is - While we can agree on the basic problem (I agree with Mike about something; this is an interesting day), even a solution that seems reasonable on the surface will be leveraged by the anti-gun crowd to make life miserable for gun-owners and effectively, if not legally, deny our 2nd amendment rights.
Thus, my earlier statement that I'm concerned for the future. This stuff is all going to be talked about for a long time and most of the talking will be done by the folks at polar opposites, screaming at top volume, with no one actually listening.
What I fear is that the general public that has for a long time accepted firearms as just a part of US society without giving them any real import when deciding how to vote will, if the two sides do nothing but unproductive screaming at each other for the next year, simply give in to emotion. They'll think of slain children, decide the issues are too complex to work out, and simply accept that if firearms pass from US civilian ownership, nothing of value will have been lost.
Right now, reason does not rule. Wounds are too fresh. Those who would leverage that pain to push the U.S. towards a bad end are gleefully jumping into the fray. For now, I say the best response is no response. A bit of shame for politicizing the tragedy will go a long way for now but rational arguments on the merits must be delayed for months, until emotions are not quite so raw.