Mental health check requirement to own guns???

[John828]

Not sure if this belongs in Legal, but I was watching the local news tonight, and they mentioned something I have never heard. The Little Rock police had met with some reps of the city to express their desires for future legislation. One of their desires was for clarity on how to return a firearm to a qualified person when the firearm was seized from a "mentally incompetent" person.

The weird comment was this: Arkansas doesn't require mental health checks as a prerequisite of gun ownership like some other states do.

My question is there any state that requires an individual to undergo a mental health evaluation prior to purchase?

I know not to expect them to know what they're talking about, but it irritates me when they just spout inaccuracies as fact.

 

[MedWheeler]

Currently, there is no state that requires a mental or psychiatric health screening before purchase of a firearm. It is possible that such a requirement may exist in licensing persons in some localities to carry a firearm outside their home.

 

[John828]

Thanks. I figured there wasn't any state with the requirement.

 

[newfalguy101]

If an individual has been found incompetent by a court, then they are a prohibited from owning firearms as per Federal law.

It sounds to me like the LEO's are trying to determine how to RETURN the guns once the person has been cleared, assuming its even possible

 

[JSH1]

I think this is referring to people that have been declared mentally incompetent such as those that have been committed to a mental hospital. Sounds like the police would like better rules as to when to give such a person back their weapons.

Example: Guy is acting crazy in the public square. The police arrest him and find that he has a gun. He is found to be mentally incompetent and sent to a mental facility for treatment. What do the police do with the gun? How long do they keep it. Do they give it back to the guy when he gets out? What if he is released from the facility but still under care at home?

 

[John828]

Yes, I understand the LEOs request for clarity. I was seeking clarification on what the news anchor said regarding some states requiring mental health evals prior to anyone possessing a firearm.

 

[BSA1]

This is a very good question and the practical answer is never. Realistically speaking what mental health Doctor or Board of Doctors are going to risk their professional reputation and career by certifying to a Judge that someone is no longer and there is no risk of future violent actions?

 

[MedWheeler]

BSA1 writes:

This is a very good question and the practical answer is never. Realistically speaking what mental health Doctor or Board of Doctors are going to risk their professional reputation and career by certifying to a Judge that someone is no longer and there is no risk of future violent actions?

This is a good point. Here in Florida, frequently known as "God's Waiting Room", we go through the same thing with elderly people who should no longer be driving. The state offers a means by which doctors can screen drivers, and recommend they not be permitted to continue driving if the doctor thinks their health or cognitive abilities would make it unsafe.

Few doctors dare to tread those waters.

 

[slumlord44]

On a related note, Doctors asking if you are depressed. Came up last week on a routine visit after surgery. Was told they have to ask along with a lot of other questions that are actually health related. Filled it out NO and told the nurse I would not tell them if I was. Also got questionnaire from the hospital I had surgery at in February. A lot of that was what I thought of the service I got but they also asked if I had felt depressed. Again No. I am concerned if you say yes, they prescribe antidepressants and they come and get your guns because you have mental problems?? Or am I being paranoid?

 

[hueytaxi]

On a similar note, I have an acquaintance on probation. I drove him to his monthly visit to his PO. He came out in a very ugly mood. Seems the PO had to keep referring to his file to recall his name but took the liberty to discuss underlying reasons for improper behavior and depression (none of which are evident to me.) I met the kid once and he had a wall full of divinity certificates, no diplomas and hundreds of Matchbox toy cars around his office. My friend had many questions to ask as probation is ending, but was so enraged by the insulting accusations he just kept silent. So I took him to fill up on wings while I had a beer. This jerk can control his immediate future and has no clue of his progress.

 

[JSH1]

I am concerned if you say yes, they prescribe antidepressants and they come and get your guns because you have mental problems?? Or am I being paranoid?

You are being paranoid. The medical community asks about mental health and depression because mental health is as important as physical health.

 

[MEHavey]

You are being paranoid. The medical community asks about mental health
and depression because mental health is as important as physical health.

That may that might have been the case in the "old days" of the very personal (and private) relationship between doctor & patient. Not so anymore as everything is (or legally becoming) reportable as a matter of inevitably very public record

We'd like to know a little bit about you for our files.
We'd like to help you learn, ...to help yourself.
Look around you... all you see are sympathetic eyes.
Stroll around the grounds until you feel at home.

 

[JSH1]

That may that might have been the case in the "old days" of the very personal (and private) relationship between doctor & patient. Not so anymore as everything is (or legally becoming) reportable as a matter of inevitably very public record

Which is part of the paranoia. Medical records are not public record. Federal law prevents medical providers from sharing patient medical records with anyone except those approved by the patient. Without permission from a patient it takes a court order to get access to a patient's medical records. That is why doctors have new patients fill out a HIPAA form telling the doctor who they are allowed to share the patient's records with. A doctor cannot share your medical records or results with your spouse without your approval.

The Affordable Care Act required medical providers to switch to electronic record keeping. This is a change in how the records are stored not who can access them.

 

[Ed Ames]

Medical records are not public record. Federal law prevents medical providers from sharing patient medical records with anyone except those approved by the patient.

HIPPA does no such thing, if the rules can be changed.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/NICS/

Hippa allows release of records:
* When authorized by the patient;
* When required by law, including state law;
* For a law enforcement purpose in response to a relevant and specific request from a law enforcement official; or
* To prevent or lessen a serious and imminent threat to the health and safety of a person or the public.


Licensed healthcare workers may be required by state law to report many of their opinions. E.g. the NY "SAFE" act imposes such a requirement. http://www.psychologytoday.com/blog...ol-and-mandatory-reporting-dangerous-patients

Beyond that, it is possible to make services, including those that impact livelihood, contingent on releae. E.g. if you want to be a pilot you must release your medical records to the federal government. If they see that you have been treated for depression they can and will deny you an airman medical which means your aerial photography business (or job flying along power lines inspecting for problems, or whatever) is gone.

 

[Armymutt]

You can't say whether you are depressed or not unless you are a doctor. Depression is a clinical diagnosis, not a feeling. You can feel down, sad, etc.

 

[herrwalther]

Give NY a few more years. They would include a mental health check as part of paperwork.

 

[Spats McGee]

Not sure if this belongs in Legal, but I was watching the local news tonight, and they mentioned something I have never heard. The Little Rock police had met with some reps of the city to express their desires for future legislation. One of their desires was for clarity on how to return a firearm to a qualified person when the firearm was seized from a "mentally incompetent" person.

The weird comment was this: Arkansas doesn't require mental health checks as a prerequisite of gun ownership like some other states do.

My question is there any state that requires an individual to undergo a mental health evaluation prior to purchase?

I know not to expect them to know what they're talking about, but it irritates me when they just spout inaccuracies as fact.

Arkansas does not require a mental health evaluation for the purchase of a firearm. We have a statute that allows the police to disarm some they reasonably believe to be "mentally irresponsible," which reads as follows:

(a) Subject to constitutional limitation, nothing in this section and §§ 5-73-101 -- 5-73-109 shall be construed to prohibit a law enforcement officer from disarming, without arresting, a minor or person who reasonably appears to be mentally defective or otherwise mentally irresponsible, when that person is in possession of a deadly weapon.

(b) Property seized pursuant to subsection (a) of this section may be:

(1) Returned to the parent, guardian, or other person entrusted with care and supervision of the person so disarmed; or

(2) Delivered to the custody of a court having jurisdiction to try criminal offenses, in which case the court shall:

(A) Treat the property as contraband under §§ 5-5-101 and 5-5-102; or

(B) Issue an order requiring that at a certain time the parent, guardian, or person entrusted with the care and supervision of the person disarmed show cause why the seized property should not be so treated.​

(c) Notice of the show cause proceedings may be given in the manner provided for service of criminal summons under Rule 6.3 of Arkansas Rules of Criminal Procedure.

Ark. Code Ann. § 5-73-110 (West)

 

[desidog]

The reality is that poor mental health is pretty much a constant behind most awful gun-related events; but, a lot can change over the course of a few months, and a screening from a year ago really isn't worth anything today. If a guy loses his job, it creates financial strain which creates marital strain, etc.

 

[Deaf Smith]

Mental health check requirement to own guns??

No, but to run for office I'd go for that.

Deaf

 

[itsa pain]

I think this is referring to people that have been declared mentally incompetent such as those that have been committed to a mental hospital. Sounds like the police would like better rules as to when to give such a person back their weapons.

Example: Guy is acting crazy in the public square. The police arrest him and find that he has a gun. He is found to be mentally incompetent and sent to a mental facility for treatment. What do the police do with the gun? How long do they keep it. Do they give it back to the guy when he gets out? What if he is released from the facility but still under care at home?

There are many leo's with extensive gun collections and they are the ones not given back

 

[spitballer]

The reality is that there are many, many more people in this country than there were just a few years ago. Statistically there is more potential for nuts to get guns and misuse them. Add to that the availability of high-power, high-capacity rifles and we've got a problem.

I'm not big on gun control but it seems to me that our military and law enforcement personnel have trained long and hard for the privilege of carrying assault weapons, and it's a shame that these honorable pieces of equipment have been made available to every melon-blasting kid who wants one.

Just my opinion, everybody's got one.

 

[Ed Ames]

Sigh.

Weapons are, statistically, less available than ever. High power/high capacity rifles are used in, statistically speaking, 0% of crime.

The weapons carried by many police forces and all militaries are unavailable for routine purchase in a gun store. In fact most cannot be owned by individuals because they were manufactured after the "machine gun registry" was closed. So it isn't factually accurate to say that they are available to every "melon-blasting kid".

That is ignoring the question of whether police or military training is all that good. Judging by groups like the NYPD, looks like a resounding, "no."

You have a right to any opinions you want, but not to your own facts.

 

[GRIZ22]

New Jersey requires a mental health check when you apply for a Firearms Puchaser's ID Card (to buy long guns) and everytime you apply for a Pistol Purchase Permit.

Can't say its helped any to keep guns out of the hands of the mentally incompetent.

 

[Spats McGee]

My problem with mental health checks to purchase firearms is that I'm concerned about who gets to define the "mental issues" that would prohibit one from purchasing a firearm. I have no doubt but that the Feinstein/Bloomberg/Schumer Axis would love to have the desire to own a firearm an "indicator of violent tendencies" sufficient to bar one from firearms ownership.

 

[RCArms.com]

No, but to run for office I'd go for that.

Deaf

This +1.

A mental competence exam should be required as part of the election certificate. Hose for running for office or re-election.

Take a look as some of our elderly representatives and senators and tell me with a strait face that they are mentally competent.