Legislation that would help keep guns away from those so mentally ill that they are considered to be a danger to themselves or others is on its way to Gov. Mike Easley for his signature.

The House today joined the Senate in unanimously approving the legislation, which requires court clerks to report to a national data base those who have been involuntarily committed by a judge to inpatient or outpatient treatment and determined to be "a danger to self or others," Dan Kane reports.

Attorney General Roy Cooper sought the legislation after an examination of the state's laws in the wake of the mass shootings at Virginia Tech last year that killed 32 students and faculty.

The gunman, student Seung-Hui Cho, had been involuntarily committed to outpatient treatment by a court order. But he was not listed on the National Instant Criminal Background Check System, so he could purchase handguns. He killed himself after the shootings.

The review found a loophole in the law in that it did not require those who had been involuntarily committed from being reported to the data base, which is used to prevent gun purchases by individuals.

The legislation also creates a process for those who have been placed on the list to be later removed if found not to be a threat.

The state Senate unanimously voted today to require those involuntarily committed and found to be a danger to themselves and others to be reported to a national database that prevents them from purchasing guns.

The legislation was changed substantially before the 49-0 vote. Senate Minority Leader Phil Berger successfully amended the legislation to prevent those who were involuntarily committed to outpatient treatment, but not deemed a threat, from being placed on the list, Dan Kane reports.

That amendment drew fiery debate in the Senate, as opponents argued that those involuntarily committed either to inpatient or outpatient care, are by definition a potential danger to others. The amendment passed by a 30-19 vote.

The legislation sprang from the shootings at Virginia Tech where a lone gunman opened fire April 16, 2007, and killed 32 students and faculty before killing himself.

That student, Seung-Hui Cho, had been involuntarily committed to outpatient treatment by a court order. But he was not listed on the National Instant Criminal Background Check System, so he could purchase handguns.

The legislation now moves to the House.

A Senate judiciary committee approved legislation today that could prevent those involuntarily committed with serious mental illness from purchasing or possessing guns.

"People with severe mental illnesses should not be able to purchase a gun — it's as simple as that— and this is a process to accomplish that," said N.C. Attorney General Roy Cooper.

The legislation, sponsored by Senate Majority Leader Tony Rand of Fayetteville, comes after a student at Virginia Tech opened fire on April 16, 2007, and killed 32 students and faculty before killing himself, Dan Kane reports.

That student, Seung-Hui Cho, had been involuntarily committed to outpatient treatment by a court order, but he escaped being listed on the National Instant Criminal Background Check System, thereby allowing him to purchase handguns.

The shootings exposed what Cooper said is a big loophole in North Carolina law. State courts are not required to notify the national registry of involuntary commitment orders.

More after the jump.

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