Nev. mother questions gun sale to mentally ill son

Martha Bellisle | Reno Gazette-Journal

RENO, Nev. -- A Reno police officer who sold a personal gun while on duty in early July to a 19-year-old man might have violated state and federal laws because the young man had been committed to a mental hospital while suicidal last year, which could prohibit him from possessing a firearm, a Reno Gazette-Journal investigation has found.

Reno Police Sgt. Laura Conklin posted an ad for her gun on the website Armslist, and the man responded, according to his mother, Jill Schaller of Reno. Conklin told him she worked the night shift and said she could meet him at 4 a.m. at a Starbucks.

They met, she asked if he had committed any crimes, and he said "no," according to Schaller. Conklin sold the man a Glock handgun for $950 cash and gave him a bill of sale, which was signed by both parties.

Conklin apparently did not know that the man has Asperger's syndrome, and that last year, he was committed to West Hills Hospital under what is called a "legal 2000" — meaning he was a threat to himself or others, Schaller said.

It is illegal under state and federal law for a person to possess a firearm if he or she was "committed to any mental health facility." It also is illegal to sell a firearm to someone who has been institutionalized.

The sale illustrates what can happen when background checks are not required for private sales, Schaller said. The sale put her family in danger and could have ended her son's life, she said. She has filed a complaint with the Reno Police Internal Affairs office; she and her son will be interviewed by investigators Wednesday.

It is legal for a citizen to sell a gun without a background check on the buyer, though the seller could request one. Mindy McKay, an analyst with the Nevada Department of Public Safety division that handles background checks, said her agency has received few requests from private parties for them.

Had the man gone to a gun shop instead of to a private party, a check would have been mandatory. He would have filled out a form that asks if he'd been institutionalized, and a background check itself should have noted the commitment. The man, who had another suicidal episode in May, continues to receive professional care and is under his parents' legal guardianship. For that reason, the Reno Gazette-Journal is not using his name.

Messages left for Conklin were not returned July 9. Reno Police Chief Steve Pitts said the incident is under "administrative investigation," and referred questions to the Reno City Attorney's office.

Deputy City Attorney Jack Campbell said Conklin will remain on the job during the investigation. He said there is no specific policy that would prohibit her from selling a gun while on duty, adding, "If she has violated a policy, it will come out during the investigation."

In order for the sale to be illegal, the seller would have to know that the buyer is prohibited from having a gun, Campbell said. In this case, he asked, "How would anyone have known (the man) was at West Hills?"

Background check bill

A Senate bill passed by the Nevada Legislature during the 2013 session would have required background checks for all gun sales, including private party sales, starting Oct. 1. Republican Gov. Brian Sandoval vetoed the measure.

In his veto statement, Sandoval said that while he supported the "enhanced reporting requirements concerning mentally ill persons," he said requiring background checks for private sales would constitute "an erosion of Nevadans' Second Amendment rights."

Sandoval spokeswoman Mary-Sarah Kinner told the newspaper that she was working on a response from the governor on the case but did not have one by July 9.

Schaller said she wanted to share her story so that others in similar situations, who have family members who become depressed and suicidal, can find ways to protect themselves and their children.

"I asked the cop yesterday, please, what can I do to red-flag him?" Schaller said. "Nothing, was his response. There's got to be a way that I can mark him so he doesn't go out tomorrow and buy another gun. He promises he won't, but I'm not sure. I'm not positive."

Asperger's syndrome gained national attention in December when it was reported that Adam Lanza, the shooter who killed 20 first-graders, seven adults and himself in Newtown, Conn., had the disorder.

Schaller said her son used to act out physically when he was younger, but has gained some control as he matured. He continues to struggle with depression, however, and in March 2012 he was committed to a Nevada mental health facility after threatening to commit suicide, she said.

A social worker wrote on his medical form he "reports he does not want to live. He has no friends and feels isolated. He tells me he is going to do whatever it takes to kill himself. His parents report he has been Googling to see how he can kill himself."

Gun returned

After that hospitalization, Schaller said she and her husband, Rich, acquired legal guardianship to ensure they have control of his medications and other areas of his life. So when they learned their son had purchased a gun, they were stunned.

The young man told his parents about the gun purchase while on a vacation in Southern California last week. He promised to give the gun to his parents when they returned to Reno on Sunday night.

But on the flight home, he texted Conklin, saying his mother was upset. Driving home, Schaller said, Conklin called and said she was sorry and that she was "not aware that you did not want a gun in your house." Conklin offered to buy it back, but when they arrived home, Schaller said her son grabbed the gun and ran out the back door, so she called 911.

Schaller drove around her neighborhood and found her son with two sheriff's deputy vehicles. They had taken the gun, she said. One of the deputies opened his car door and showed Schaller the gun and a pile of cash. He said he saw Conklin on the drive in, and she gave him the money to buy the gun back, Schaller said.

Schaller took the cash, and the deputies took all of the documents related to the sale.

"I didn't care about the money. I just wanted to get rid of it," she said. "My son is still angry because he thinks he did everything legally. But we still don't know if that's the case. I'm just grateful no one was hurt."