The Hill News

Sen. Dick Durbin (D-Ill.) called for an investigation into how the man that shot Rep. Gabrielle Giffords (D-Ariz.) and 19 others in Tucson Saturday obtained a handgun despite a "history of mental instability."

The shooting is kicking off a fresh debate on gun control laws.

"How did he go through the process and end up with this gun and with this ammunition?" said the Senate Majority Whip. on CNN's "State of the Union." "I think that's a legitimate question."

A suspect, 22-year old Jared Loughner, is in custody. Media reports indicate that the handgun used in the shooting was obtained legally.

However, freshman Sen. Mike Lee (R-Utah), who appeared later on the program, suggested no amount of laws restricting gun ownership could prevent a person "bent on performing evil acts to kill another person."

Laws are already on the books that prevent mentally ill people from obtaining guns, he said.

"I don't think we're going to legislate our way out of the risk," the Tea-Party backed senator said. "To the contrary, there is abundant research suggesting that in cities where more people own guns, the crime rate, especally the murder rate, goes down."