Woman committed to a mental hospital gets a permit to buy a handgun.

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doberman

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Minneapolis, MN
http://www.kmsp.com/news/investigators/story.asp?1645165

Fatal Oversight


How does a person who was committed to a mental hospital get a permit to buy a handgun?
It's not supposed to happen, but it did.
And now a woman is dead because of it.
When the Fox 9 Investigators started digging for answers they discovered a bigger problem.

In the interest of public safety, you don't want a mentally unstable person getting a gun, much less a permit to go and buy one.
It’s already happened at least once, with deadly consequences.
The question is will a flaw we found in the system allow it to happen again?

Amy Groth loved children; teaching was her calling.
She had so much to look forward to; she had a family to raise, a rewarding job helping kids with special needs.

Then, last summer, her life ended with a gun shot to the head. She was 44.
The mystery surrounding her death is haunting her family.
Her ex-husband Steve Musser says no one has told him exactly what happened.
The family wants to know: how did Amy Groth, a person with a history of mental illness, get a permit from police to buy a hand gun, one she would use to kill herself.
The Marshall Police Department won’t answer that question, so Steve turned to the Fox 9 Investigators.

We started asking questions about what happened and discovered an even bigger story.
There’s an information gap in Minnesota’s permit system, a gap that can put guns in the hands of the mentally ill.
Amy Groth’s struggle with depression began in the early 80s. Twice she checked herself into a hospital after becoming suicidal.
Her illness would eventually lead to the breakup of her marriage.
In 2002, a judge committed Amy to a mental hospital in her home state of North Dakota.

After a couple of months, she got out and eventually moved to southwestern Minnesota, where Steve was raising their two children.
She lived on her own and continued to be treated for depression.
However, Steve says last spring she stopped going to the doctor and stopped taking her medication. That made him nervous.

In July, Amy applied for and received a permit from the Marshall Police Department to buy a 9 mm Ruger. Ten days later, she pulled the trigger.
Anyone in Minnesota who wants a gun permit has to fill out this application.
It gives police the authority to check into your background to see if you've been a criminal, or have a history of mental illness.

If a person’s been committed, Minnesota law says they can’t get a gun permit unless they have proof from a doctor they’re no longer sick.
The commitment question is on the application form.
Since those records are private, we don’t know how Amy Groth answered that question.
A simple check of the police department's own records is enough to raise a red flag about Amy Groth.
We found that police were called to her apartment on four separate occasions in the months before she killed herself: once because the county human services department was concerned for her welfare.
According to the police report, she has “depression and border line personality disorder".

Another time because a health care worker called police to say Amy was having "suicidal thoughts and should be seen by a doctor."

The city won't tell us who reviewed Amy's gun permit application, or how extensively police checked her background. The permit was signed by Sgt. Lowel Rademacher.
He would not discuss his role in the case. We checked his history.

It’s clean except for an investigation that was ordered by the police chief after Amy Groth’s death.

The investigation ended in December when Rademacher decided to retire.

The city says the investigation’s results won’t be made public because the state’s data privacy law protects that information.

Steve Musser is worried because the secrecy means someone else who is mentally ill could obtain a gun permit.
Our investigation found it’s possible due to an information gap.

When police check into an applicants background, they're supposed to contact the state human services department to see if that person's ever been committed to a mental hospital.

But Minnesota only keeps records of commitments that happened in Minnesota, not other states like North Dakota, which is where Amy Groth was confined.

Detective Cory Cardenas handles gun permit applications for the city of Bloomington. He says it’s a concern because someone with a commitment history elsewhere could move to Minnesota and Minnesota would have no record of that history.

If that person wanted to get a gun permit here, police might be missing a critical piece of background information. They can contact the state where the person moved from, but they'd only know to do that if they suspected something was wrong.

Did Marshall police know about Amy Groth's commitment in North Dakota?
Did they bother to check their own records which indicated she was suicidal?
Those are questions her family wants answered.
It would take congressional action to make it so states are required to share information on mental health commitments.

But it’s a cause that Amy Groth's family intends to take all the way to Washington D.C.
 
The 'problem' is medical privacy laws, and I'd give the chances for changing them so the police can see your medical record as slim to none. 10/1 she lied if there was a question on the permit application about mental problems. Imagine that - a crazy person not telling the truth (subjective reality, I guess).

though the gun-grabbers would dearly love to have yet another way to limit our rights, liberal organizations such as the ACLU, APA, AMA, et al will never stand still for such invasive legisation that would limittheir 'rights' or ability to treat their patients.

i don't know what the solution is, but I damn sure don't want anyone without a very legitimate need to know into any of my private affairs without my knowledge and permission.
 
The 'problem' is medical privacy laws, and I'd give the chances for changing them so the police can see your medical record as slim to none. 10/1 she lied if there was a question on the permit application about mental problems. Imagine that - a crazy person not telling the truth (subjective reality, I guess).

Unless, of course, you're a veteran. All veteran's medical records are availble, and those with mental disorders are listed in the FBI system.
 
Obviously not the problem

"The 'problem' is medical privacy laws, and I'd give the chances for changing them so the police can see your medical record as slim to none."

This poster's particular problem is the failure to read the information provided:

Anyone in Minnesota who wants a gun permit has to fill out this application.
It gives police the authority to check into your background to see if you've been a criminal, or have a history of mental illness.


This is true in the states in which I have licenses and it is true in this case. The police DO have the authority to check psychiatric records because the applicants WAIVE privacy by signing the license application.

"Medical privacy laws" are and were not the problem. Incompetent processing is the probable reason. :scrutiny:
 
The 'problem' is medical privacy laws, and I'd give the chances for changing them so the police can see your medical record as slim to none.
I agree with the first half of that sentence, and wish I were naive enough to believe the second half.

pax
 
If she was adjudicated mentally ill she can not legally purchase a firearm from a licensed dealer in the first place. It's federal law, remember the question on the 4473?
 
Yeah, the above is true...if she lied on the form she purchased Illegally...
Now on the other hand..I work in a menal hospital...there are people in here who should never have a gun of any kind..and there are others who I would trust completely....just my opinion.I'd be interested in seeing some stats on crimes commited by menatlly ill people with guns..I'll bet it's not as common as we are led to believe...of course being "diagnosed" as mentally ill and actually BEING ill are 2 different things..I think to commit violent crimes means your ill ,wether diagnosed or not....
 
She needed a permit from police to buy a gun? I guess this pretty much proves that permits are a waste of time. She needed a permit? In Minnesota?

David
 
"I'd be interested in seeing some stats on crimes commited by menatlly ill people with guns."

That information is somewhere in the National Institute of Justice, Bureau of Justice Statistics. I don't know about gun use per se, but the rate of mental illness in the correctional population is far higher than in the total population, leading to the inference that most people who commit crimes have some form of mental illness. The link between criminality and mental illness has been extensively researched and is very robust. I'd be hard pressed to argue that mentally ill people use guns in the commission of crimes any more or less than any other persons.
 
In Florida, someone can be hauled in and confined for 72 hours under the Baker Act, but the information is confedential and not part of the public record. There's no way for the cops to find out without a court order.

John
Cape Canaveral
 
New Jersey forces people to waive medical privacy or they won't issue a handgun permit or NJFID card. Then they take your signed statement and search the state medical records to see if you've ever been committed.

The legal defintion of "mentally ill" differs from the medical version in many states. Usually it's something along the lines of a person being a threat to themselves or others, or unable to control his or her actions, or being unable to feed or provide for him or herself. For instance, if a person has ADD or one of those ubiquitous things that almost anyone can get diagnosed with, they're not legally "mentally ill" (at least, that's how I understand it).

The problem is that all the different states have all kinds of different regulations and laws on whether or not this kind of info can be released. So I'm not sure if it will ever be possible to run a background check in the way criminal records are checked. As it is, the NCIC database has a bunch of holes in it from what I've read. I imagine mental records are much worse.
 
She needed a permit from police to buy a gun? I guess this pretty much proves that permits are a waste of time. She needed a permit? In Minnesota?
The "permit" is really just form 4473 in a different format. The permit is good for a year. Then you take the permit and when you buy a handgun, not long gun, you fill out 4473 and the ATF checks you.

So the permit system didn't work, neither did 4473.

Since she lied on 4473, she commited a felony. And she would have had to lie on the permit form, otherwise they wouldn't have issued it. Of course they never brought this up on the news.
 
"In Florida, someone can be hauled in and confined for 72 hours under the Baker Act"

The 72-hour evaluation is nationwide and is NOT A COMMITMENT. It is an evaluation followed by a hearing. You don't get commited until the hearing, and even then, at least in Virginia, a person is often allowed to voluntarily commit themselves.

John
 
If she had hung herself, would the newspaper give a crap?

How in the world did this poor woman have access to rope, shoelaces, belts, knives, scissors, pens, pencils, a car, household cleaning chemicals, OTC medicine, rat poison, bodies of water, power outlets, phone cords, broken glass, power tools, plastic bags, razor blades, and really high places.

Someone should do something :barf:
 
The handgun permit system was implemented, IIRC, to take the place of waiting periods to buy handguns. As was said before, the permit application asks the same questions as 4473. After submitting the app it takes about 7 days to get the permit. After that, you can walk into a store, pick your gun, do a 4473, and walk out with your brand new handgun.
 
The fact that she was issued a gun permit is not important. She could have just as easily walked into Walmart and purchased a $200.00 shotgun and killed herself. She wouldn't have even had to wait the 10 days like she did with the pistol permit. For that matter, why not just get your car going 100+ MPH and crash it into a bridge or something? A none issue as far as I'm concerned.
 
A government bureaucracy failed?

Why, the solution should be obvious to anyone: we need a bigger and more intrusive bureaucracy so that this doesn't happen again!
 
People that really want to kill themselves WILL find a way to do so. To argue that, in the absence of a firearm, this person would not have killed herself is not a position that is going to be easy to support with any facts.
 
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