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Hospital, he's not been formally judged mentally ill. so when he goes to the police station and says, okay, can i have my gun back, they have no alternative. it's his personal property which he has a lawful right to own according to the laws at hand and also not convicted of a felony. they have no ability to hold on to that weapon. they have to give it back to him. >> dr. o'toole, what is the answer? as a profiler, if this guy walked into your field office, what is the answer to preventing something like this? >> well, right now, as tom said, this would be the way it would be handled. there ar...

Something needed to take place, i know it sounds like a big chore, but we have to work better as a country and as a society to make sure our individuals that are coming back from war understand what's happening and to treat them holistically, not just based upon what they say. look at the tragedy that took police. i love right here. >> i know, you mentioned that yesterday. and matthew, he makes the point, why didn't he go before a judge before he got his gun back, law enforcement repeatedly has said in the wake of this, law enforcement in alaska said our hands were tied. we followed protocol, ...

Four days later, and he's not adjudged to be mentally ill, and he's not convicted of a felony, the police has no choice but to return his property. he shows up at the station and wants his gun back, they have to give it to him. that's the frustration for law enforcement is this happens all the time. and there's nothing more they can do when they're following the law. >> and in about 30 seconds or less, i realize i'm asking you both a legal question as well as a mental health question. but based on your expertise, do you see he is the candidate who would try to plead insanity? i know you said y...

Have been able to do but there's a long military record and at least a lot of people, it's not easy to get kicked out of the national guard. and there's a lot of people in the military who may have known something about his mental health and what they did to help him given the systemic mental health issues occurring unfortunately with some of our veterans. >> as we know, his family has come out and said after he's spent time in iraq, he did exhibit mental health issues, posttraumatic stress but didn't get the help he needed and what strikes me, tom, is this is someone who proactively went to t...

Longer? >> well, i think, you know, the mechanism now is that at the end of three days, if the gun dealer has not heard back from the fbi or if it's within their state, they have not heard back from the state that does this, because 30 states use the fbi toed it their own. if they have not heard back from the authorities, they can go ahead and sell the gun. later, if it turns out it was a mistake, they contact atf to go to that person to get the gun back which is a difficult situation. part of the problem also comes up trying to get record checks over weekends when it has to be by phone or fax...