Legislators want review of gun background checks (OR)

[jpak]

http://www.registerguard.com/web/newslocalnews/26183238-41/gun-nathanson-eugene-laws-purchasing.html.csp

In the wake of the fatal shooting of Eugene police officer Chris Kilcullen last week, two local legislators say they want to make a careful review of gun- purchasing restrictions that are in place for individuals who live with mental illness or a developmental disability.

Rep. Nancy Nathanson, D-Eugene, said her constituents have been asking how the woman accused of Kilcullen’s killing, Cheryl Kidd, was able to buy a gun legally even though she had a developmental disability and was once diagnosed with schizophrenia.

Kidd bought the gun at a Eugene sporting goods store after passing the state background check.

The issue most likely won’t have an easy fix, Nathanson and Sen. Floyd Prozanski, D-Eugene, acknowledge.

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[AtheistCrusader]

1. Oregon State.

Just identifying it for people interested in the gun laws pertinent to this.

Oregon:
prohibited if


(D) Was committed to the Oregon Health Authority under ORS 426.130;

(E) Was found to be mentally ill and subject to an order under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of that mental illness; or


426.130 Court determination of mental illness; discharge; release for voluntary treatment; conditional release; commitment; prohibition relating to firearms; period of commitment. (1) After hearing all of the evidence, and reviewing the findings of the examining persons, the court shall determine whether the person is mentally ill. If, in the opinion of the court, the person is:

(a) Not mentally ill, the person shall be discharged forthwith.

(b) Mentally ill based upon clear and convincing evidence, the court:

(A) Shall order the release of the individual and dismiss the case if:

(i) The mentally ill person is willing and able to participate in treatment on a voluntary basis; and

(ii) The court finds that the person will probably do so.

(B) May order conditional release under this subparagraph subject to the qualifications and requirements under ORS 426.125. If the court orders conditional release under this subparagraph, the court shall establish a period of commitment for the conditional release.

(C) May order commitment of the individual to the Oregon Health Authority for treatment if, in the opinion of the court, subparagraph (A) or (B) of this paragraph is not in the best interest of the mentally ill person. If the court orders commitment under this subparagraph:

(i) The court shall establish a period of commitment.

(ii) The authority may place the committed person in outpatient commitment under ORS 426.127.

(D) Shall order that the person be prohibited from purchasing or possessing a firearm if, in the opinion of the court, there is a reasonable likelihood the person would constitute a danger to self or others or to the community at large as a result of the person’s mental or psychological state as demonstrated by past behavior or participation in incidents involving unlawful violence or threats of unlawful violence, or by reason of a single incident of extreme, violent, unlawful conduct. When a court makes an order under this subparagraph, the court shall cause a copy of the order to be delivered to the sheriff of the county who will enter the information into the Law Enforcement Data System.

(2) A court that orders a conditional release or a commitment under this section shall establish a period of commitment for the person subject to the order. Any period of commitment ordered for commitment or conditional release under this section shall be for a period of time not to exceed 180 days.

(3) If the commitment proceeding was initiated under ORS 426.070 (1)(a) and if the notice included a request under ORS 426.070 (2)(d)(B), the court shall notify the two persons of the court’s determination under subsection (1) of this section.






In WA, you are verboten if you have been:

Adults

72-hour detention by Designated Mental Health Professional (no judicial review). RCW 71.05.180.
14-day detention in a local community hospital or evaluation and treatment facility. RCW 71.05.240.
90-day detention (order usually obtained by counties prior to transfer to state hospital). Treatment generally occurs in a state hospital. RCW 71.05.280 and .320. White Paper on Firearms and Mental Health 4
90-day less restrictive order for community treatment. RCW 71.05.320 and .340.
180-day detention. Treatment is generally in a state hospital. RCW 71.05.320.
180-day less restrictive order for community treatment. RCW 71.05.320 and .340.

Minors

72-hour detention at evaluation and treatment facility (no judicial review). RCW 71.34.720.
14-day detention at local community hospital evaluation and treatment facility. RCW 71.34.730.
180-day detention at state hospital or other Children‘s Long Term Inpatient Program facility. RCW 71.34.750.
180-day less restrictive order for community treatment. RCW 71.34.770.


At the Federal Level you are prohibited if:

Adjudicated as a mental defective:

(a) 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.



(b) The term shall include—

(1) A finding of insanity by a court in a criminal case; and

(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

Committed to a mental institution:
A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.

Mental institution:
Includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital .

http://www.jaapl.org/cgi/content/full/35/3/330