Action News Jax has learned there’s a massive loophole in a federal law that allowed Jacksonville Landing mass shooter David Katz to buy the weapon used in Sunday’s deadly attack at a Madden eGaming competition that killed two people and injured 11 others.
When a person buys a firearm, there is a requirement to fill out a form asking if you one has ever had psychiatric problems, but there’s nothing keeping someone from not telling the truth.
ATF form 4473 asks those purchasing a firearm “have you ever been adjudicated as a mental defective or have you ever been committed to a mental institution.”
Day 2 in Baltimore and 24-hour security remains outside the home of David Katz along the Inner Harbor #JacksonvilleStrong. Ahead at 6, the massive loop hole that allowed Katz to buy weapons although he had reportedly been in a mental health facility pic.twitter.com/IYPYJFHjy1
— Ben Becker (@BenBeckerANjax) August 28, 2018
According to law enforcement, Katz did not check that box when he purchased two guns legally in Maryland. This despite reportedly being admitted to a mental hospital as a teenager in 2007 and at least one other time.
In addition, there are numerous court documented incidents of Katz having aggressive and worrisome behavior, in extensive filings in his parents' divorce.
“Maryland gun laws are actually very strict,” says Michael Belsky, a criminal defense attorney based in Baltimore.
In Maryland a person cannot buy a gun if they have been voluntarily admitted to a mental health facility for more than 30 consecutive days.
“If a person spends 29 days, 28 days or 27 days in a mental hospital, no such requirement exists,” says Belsky.
Also in Maryland, there is a requirement to report mental hospital stays of 30 days or more to the FBI for background checks. Katz was reportedly admitted for just 12 days.
“Whatever we are doing right now is not working,” says Belsky. “So it stands to reason if we tighten the threshold and requirements perhaps it might make things a little bit better”
According to court records, Katz’s parents had sought psychiatric care for Katz multiple times and even as far away as a retreat for teens in Utah.
Cox Media Group
