Mental Health Task force looking for public comment on access to guns by mentally ill

[Jack Ryan]

http://www.baltimoresun.com/news/breaking/bs-md-task-force-20120906,0,1304979.story

I dont like how the task force seems to only reference having been committed to the nut house for 30 days as the only disqualifier. I thought there were more mental health disqualifiers, like history of violence, or being adjudicated mentally defective.

What are the current mental health disqualifiers, and are they different for long gun and hand guns?

Email your thoughts to the Task Force now while your input may make a difference, email:

gunstaskforce@gmail.com

 

[Mr H]

I can't answer to the specifics (I'll leave that to those involved), but...

We need to keep in mind that if the conditions are redifined too broadly, it could have a rfestrictive effect on otherwise "safer and saner" folks...

 

[teratos]

http://www.baltimoresun.com/news/breaking/bs-md-task-force-20120906,0,1304979.story

I dont like how the task force seems to only reference having been committed to the nut house for 30 days as the only disqualifier. I thought there were more mental health disqualifiers, like history of violence, or being adjudicated mentally defective.

What are the current mental health disqualifiers, and are they different for long gun and hand guns?

This is the current MD law. The only thing there is the 30 day thing. The task force is looking at whether we need to add more disqualifiers to the list.

 

[Jack Ryan]

I figured it out...the other questions I was thinking of are on the Federal ATF form 4473 which you complete along with the Maryland paperwork when buying a gun in Maryland.

On 4473 there are questions such as have you have been adjudicated mentally defective or have you been confined to a mental institition for 30 days, or are you a felon, and many many other questions that in combination with the Federal background check IMO create a web of questions that are sufficient to screen out people with a history of mental illness or violent behavior.

i think the Task force should concentrate not just on the current Maryland laws, but consider the Federal laws too.

IMO, the Federal and State laws curently on the books are sufficient, as is.

 

[teratos]

I figured it out...the other questions I was thinking of are on the Federal ATF form 4473 which you complete along with the Maryland paperwork when buying a gun in Maryland.

On 4473 there are questions such as have you have been adjudicated mentally defective or have you been confined to a mental institition for 30 days, or are you a felon, and many many other questions that in combination with the Federal background check IMO create a web of questions that are sufficient to screen out people with a history of mental illness or violent behavior.

i think the Task force should concentrate not just on the current Maryland laws, but consider the Federal laws too.

IMO, the Federal and State laws curently on the books are sufficient, as is.

I agree with you. The other thing that we need to focus on is the restoration of gun rights for those who are adjudicated to be mentally ill at one point in their lives, but who get past it.

 

[AliasNeo07]

I agree with you. The other thing that we need to focus on is the restoration of gun rights for those who are adjudicated to be mentally ill at one point in their lives, but who get past it.

 

[zoostation]

http://www.baltimoresun.com/news/breaking/bs-md-task-force-20120906,0,1304979.story

I dont like how the task force seems to only reference having been committed to the nut house for 30 days as the only disqualifier. I thought there were more mental health disqualifiers, like history of violence, or being adjudicated mentally defective.

What are the current mental health disqualifiers, and are they different for long gun and hand guns?

The "30 days is the only disqualifier" nonsense is something spread by the bill's sponsor. He even went before the Judicial Proceedings Committee in the senate and testified to it, it's right there on video on the MLIS website. And of course, none of the other liberal attorneys on the JPC would even bat an eye and question him on it.

You are accurate, there are many other disqualifiers already written in to law regarding mental health.


federal

18 U.S.C. § 922(g) (4), Title 18, U.S. Code

It shall be unlawful for any person-
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.

Regulations issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 27 C.F.R. § 478.11

A person is "adjudicated as a mental defective" if a court -- or other entity having legal authority to make adjudications -- has made a determination that an individual, as a result of mental illness: 1) Is a danger to himself or to others; 2) Lacks the mental capacity to contract or manage his own affairs; 3) Is found insane by a court in a criminal case, or incompetent to stand trial, or not guilty by reason of lack of mental responsibility pursuant to the Uniform Code of Military Justice.

A person is "committed to a mental institution" if that person has been involuntarily committed to a mental institution by a court or other lawful authority.

state

Md. Pub. Safety Code § 5-133

A person may not possess a regulated firearm if the person:

suffers from a mental disorder as defined in § 10-101(f)(2) of the Health - General Article and has a history of violent behavior against the person or another, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another;

has been confined for more than 30 consecutive days to a facility as defined in § 10-101 of the Health - General Article, unless the person has a physician's certificate that the person is capable of possessing a regulated firearm without undue danger to the person or to another.

 

[Jack Ryan]

Please email your thoughts to the Task Force on whether you believe that currenly there are enough laws on the books to screen out the mentally ill.

FWIW, I believe the current Federal and State laws are sufficient.

Here is the email address:

gunstaskforce@gmail.com

 

[huesmann]

We have enough laws, they just aren't enforced properly due to conflicts with medical privacy issues.

 

[P-12 Norm]

This is the current MD law. The only thing there is the 30 day thing. The task force is looking at whether we need to add more disqualifiers to the list.

Maybe consistently voting Democrat???

 

[teratos]

Maybe consistently voting Democrat???

I'll bring that one up.