Some states wary on mental records for gun buys

[Lone_Star_Dem]

Source: Reuters

WASHINGTON (Reuters) - U.S. states have put more names of mentally ill people into a database for gun-purchase background checks since April's Virginia Tech shootings, but some remain reluctant for privacy reasons, U.S. officials said on Thursday.

The federal government pushed to get more names into a national list of people ineligible to buy guns for mental-health reasons after Virginia Tech student Seung-Hui Cho killed 32 people at the university before committing suicide.

A record of Cho's history of mental problems had not been submitted to the federal registry and he was able to buy two handguns.

"We're making progress, and I hope even more states will submit this information so that the National Instant Background Check system can be maximally effective," Attorney General Michael Mukasey said in remarks prepared for delivery later on Thursday in Utah.

Read more: http://www.reuters.com/article/domesticNews/idUSN2922771520071129?feedType=RSS&feedName=domesticNews&sp=true

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While I can see people being adverse to having their medical history included in this database, I do agree with creating the broader database where "denied persons" are all listed together without naming mental illness as a specific reason.

[JDPriestly]

1. This is a tremendous problem.

So, in a country in which virtually everyone is armed, do you really think that people with mental illness, the most frightened among us, the least able to understand and follow rules among us, are going to be unarmed? How realistic is this whole thing. Imagine: everybody on your block has a gun except the guy down the street who had a nervous breakdown or a manic or depressive break 40 years ago. I don't think so. This is a tremendous problem.

What effect will this have on the willingness of people to seek psychiatric help. It is tough enough to get people who really need it to get such help.

[Lone_Star_Dem]

3. I don't think all mental illness is the same

Nor should all mentally ill people not be allowed to have guns. I almost added that in my comments above, I realize it's an important distinction.

The problem with this is singling out people with mental illnesses who are more likely to be a danger, either to themselves or others, if they have a gun in their possession. I'm not qualified to make that judgment myself.

[endarkenment]

2. It would piss off the gun nuts. nt.

[Hangingon]

5. It would piss off a lot of "mentally ill" too.

[Jackpine Radical]

4. I would think the 2 types of disorder most predictive of dangerousness would be

any sort of paranoid disorder and Republicanism. (These are strongly correlated conditions, of course.)

[Name removed]

6. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[jody]

7. 18 USC 922, unlawful if adjudicated as a mental defective or committed to mental institution

to possess a firearm OR ammunition and government policies other than those two are high risk for abuse.

Note anyone who has been adjudicated as a mental defective or who has been committed to a mental institution and has in their possession one .22 caliber round has committed a federal felony for which she/he can be imprisoned for 10 years.


18 USC 922

(g) It shall be unlawful for any person—

* * * * * * * * * * * *

(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;

* * * * * * * * * * * *

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

18 USC 924

(a)

* * * * * * * * * * * *

(2) Whoever knowingly violates subsection (a)(6), (d), (g), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.

[EFerrari]

8. I'm wary about state records for just about anything. n/t

[Fool_Me_Once]

10. Exactly my point...

this administration's ways of defining certain things, such as TORTURE, only goes to show their incompetence. How can we trust them to diagnose Mentally ill patients?

Some would say that Bush, Cheney and the rest of BushCo are mentally unstable, but yet they have a whole army at their disposal?? Go figure.

[Ilsa]

9. I have a friend who just got her gun rights back.

She had a drug reaction after surgery, and pulled her gun to kill herself. She was taken to a hospital and "diagnosed" as depressed by a doctor that saw her for about ten minutes. She has seen other docs who completely disagree with the first doc. It took four-six months for her to get her rights restored.

Her situation is manageable: if she ever has surgery again or another heavy medication regimen, she can have her gun removed from her home prior to the surgery and kept away until her body has metabolized the meds.

The Cho situation is very different, and we shouldn't have laws treating all mental health diagnoses the same.

[slackmaster]

11. Congress should MANDATE that states provide those records even if we have to pay for it with fed. $

As well as any other disqualifying event as defined in 18 USC Section 922.

[fed-up]

12. am trying to find out what "mental defective" means and found this on VA Watchdog

http://www.vawatchdog.org/milcom/tsalookstovaanddodformentaldefectives.htm

December 18, 2005



TSA Looks to VA and DoD for "Mental Defectives"

Military personnel and veterans with mental health issues could end up on the TSA?s ?Watch List? and be denied access to commercial flights ? Who has access to the information is a primary concern


by Larry Scott -- VA Watchdog dot Org


How far are we willing to go when it comes to ?security? on commercial airline flights? The ugly side of that question came to light on November 15 when the Transportation Security Administration (TSA) posted a ?sources sought? inquiry on their web site.

The TSA is looking for contractors to build new databases to help screen airline passengers. They want to include information about military personnel from Department of Defense (DoD) files and veterans from Department of Veterans? Affairs (VA) files.

According to the TSA, here?s what they want: ?Examples of new data sources would be DoD files for military service histories or VA files for lists of persons who have been declared mental defectives.?

The story was first reported by Jacob Goodwin in Government Security News. Jeff Stein, National Security Editor of Congressional Quarterly, followed with an article and then was interviewed on National Public Radio?s Talk of the Nation.

...snip

Here is the ATF?s definition of ?mental defective? -- ?A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs. The term shall include a finding of insanity by a court in a criminal case.?


...snip