Gun Control and Mental Illness

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Information about Gun Control and Mental Illness
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Published on February 27, 2008

Author: Gourangi

Source: authorstream.com

Slide1:  Meg Griffing Leigh Bookwalter Gun Control and Mental Illness Can you say…:  Can you say… ... who should decide which diagnoses should have the right to bear arms? … stricter gun control laws have prevented recent school/work place shootings? … treatment and recovery work therefore, persons with mental illness should have access to firearms following the mandatory waiting period? … gun control laws should include restrictions based on alcohol or substance abuse? … it is fair to restrict gun possession to veterans who are diagnosed with PTSD? Slide3:  MENU HISTORY STATE POLICY FEDERAL POLICY MENTAL ILLNESS POLITICS QUESTIONS History: 2nd Amendment:  History: 2nd Amendment The Second Amendment, as passed by the House and Senate, reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The philosophy behind the Second Amendment began several hundred years before its creation, the concept of citizens or "subjects" bearing arms for universal military obligation dates back to at least the 12th century when King Henry II of England obligated all freemen to bear arms for public defense. During the last two decades, the intended meaning of the Second Amendment, and how the Amendment applies in the twenty-first century, is one of the most frequently debated topics in American politics. The reason may stem in part from the perceived encroachments on, or enhancements of, individual rights to arms, amidst the increased prominence of gun control positions in modern politics. http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution#Text History: American Gun Control:  History: American Gun Control The Militia Act of 1903 created the United States National Guard by federalizing a portion of the state militias which were converted into regular troops kept in reserve for the United States Army. The 1934 National Firearms Act was brought about by the lawlessness of gangster culture during prohibition. President Franklin D. Roosevelt hoped this act would eliminate automatic-fire weapons like machine guns. Other firearms, such as short-barreled shotguns and rifles, gun accessories like silencers, and other "gadget-type" firearms hidden in canes and such were also targeted. The Federal Firearms Act of 1938 was aimed at those involved in selling and shipping firearms through interstate or foreign commerce channels. The Gun Control Act of 1968 was passed five years after the assassination of President Kennedy. http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution#Text History: Gun Control Act 1968:  History: Gun Control Act 1968 Outlawed mail order sales of rifles and shotguns Expanded license requirements Detailed record keeping was expected of dealers Restricted handgun sales over state lines The list of persons dealers could not sell to grew to include those convicted of felonies (with some exceptions), those found mentally incompetent, drug users, and others. The act also defined persons who were banned from possessing firearms. http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution#Text History: Change of Direction:  History: Change of Direction The 1986 McClure-Volkmer Act re-opened interstate sales allowed ammunition shipments through the U.S. Postal Service (repeal of GCA68) ended record keeping on ammunition sales and addressed several other issues that had effectively restricted the Second Amendment rights of the People. The act contained a provision that banned the sale of machine guns manufactured after the date of enactment to civilians, thus, in the ensuing years, the limited supply has caused an enormous increase in their price costing $10,000. The 1993 Brady Handgun Violence Prevention Act initially provided a five-day waiting period for handgun purchases expired on November 30, 1998 replaced by a mandatory, computerized criminal background checking system to be conducted prior to any firearm purchase from a federally-licensed firearms dealer. http://en.wikipedia.org/wiki/Second_Amendment_to_the_United_States_Constitution#Text Return to menu, click here Current Federal Policy:  Current Federal Policy HR2640 NICS Improvement Amendments Act of 2007 The National Instant Check System (NICS) for firearms transactions took effect Nov. 30, 1998, replacing the Brady Act`s five-day waiting period The NICS Improvement Amendments Act (H.R. 2640) would require federal agencies to provide relevant records for use in NICS Provide financial incentives to states to do the same, by rewarding states that provide records to NICS and penalizing those that refuse. National Rifle Association Institute for Legislative Action For more information, click here. For more information, click here. Armed And Dangerous: Law Bans Sale Of Firearms To People With A History Of Severe Mental Illness:  Armed And Dangerous: Law Bans Sale Of Firearms To People With A History Of Severe Mental Illness Steve Croft reports for 60 Minutes Return to menu, click here. To view video clip, click here. State of Ohio: current laws:  State of Ohio: current laws Concealed weapons law: Carrying a concealed weapon is prohibited in this state. Purchase limitations: Ohio has no purchase limitations. Licensing: Purchasers do not need a permit to acquire a firearm. Possession by minors: No age restriction on possessing firearms. Gun storage: There is no Child Access Prevention (CAP) or safe storage laws in the state. Waiting period: There is no waiting period to acquire a firearm. Firearm deaths, 2002: 1,069 Rate per 100,000: 9.4 Ohio Shooting:  Ohio Shooting Success Tech Academy in Cleveland 14 year-old Asa Coon (shooter) Suspended for fighting Shot 4 (2 teachers, 2 classmates) Shot and killed himself Police Say Ohio Shooting Not Random http://www.allheadlinenews.com/articles/7008793035 Anderson Cooper 360 interview with Asa Coon To view video clip, click here USA Shootings, click here Ohio Laws: upcoming changes:  Ohio Laws: upcoming changes Municipalities have more conservative policies Cincinnati, Columbus, Cleveland & Toledo House Bill 347: Uniform Statewide policies Concealed carry license Consistent background checks Sealed/expunged records Stiffer penalties Bill passed out of the House For more information, click here Return to menu, click here Mental Illness: defined in law:  Mental Illness: defined in law Federal law prohibits anyone who has been “adjudicated as a mental defective,” as well as those who have been involuntarily committed to a mental health facility, from purchasing a gun. The federal law defines adjudication as a mental defective to include “determination by a court, board, commission or other lawful authority” that as a result of mental illness, the person is a “danger to himself or others.” Cho’s Mental Illness Should Have Blocked Gun Sale By Michail Luo of The New York Times, April 20, 2007 Mental Illness around the USA:  Mental Illness around the USA In 2000, only 19 states had legislation restricting gun ownership for people with mental illness By 2005, 43 states, DC and Puerto Rico 36 states and Puerto Rico include people with substance use problems 31 states, DC and Puerto Rico include people with alcohol problems Most States Say Mental Illness Reason to Bar Gun Ownership By Eve Bender in Psychiatric News Vol. 41, No. 17, Pg 6 Mental Health & Violence: 6 Facts:  Mental Health & Violence: 6 Facts Adapted from http://www.voicesforum.org.uk/6facts.htm by Hywel Davies 1. Approximately 95% of homicides committed each year are committed by people who do not have mental illness. 2. The vast majority of people who use mental health services are not violent. 3. Between 1974 and 1994 the rate of homicide doubled, yet there was no increase in homicides in the same period by people with mental illness. 4. In terms of homicide, the general public is far more at risk from young men under the influence of alcohol than from people with a mental illness. 5. A person without a mental illness is 400% more likely to commit an act of homicide than a person with a mental illness. 6. A person with schizophrenia is 100 times more likely to commit suicide than an act of homicide - 10% of schizophrenics commit suicide. Mental Health America:  Mental Health America “[It is] an extremely ill-informed, regressive social policy that further stigmatizes people and will do nothing to reduce gun violence,“ -David Shern, Ph.D., President and CEO, Mental Health America -regarding legislation (HR2640) introduced by Rep. Carolyn McCarthy, D-N.Y., that would make it mandatory for states to provide the FBI with mental health adjudication records, thus prohibiting individuals deemed “a mental defective” from purchasing a gun “Should We Have Gun Control for Psychotics?” Chicago Tribune, 5/3/07 Violence and Mental Illness:  Violence and Mental Illness People with a mental illness are more likely to be the victims, rather than the perpetrators of violence. Canadian Mental Health Association Research has shown that the vast majority of people who are violent do not suffer from mental illnesses. HealthierYou Return to menu, click here Political Debates:  Political Debates Democrats tend to respond with changes to mental health policy on treatment reform. Ex. Mental Health Parity Act. Republicans tend to respond with changes to mental health with reform to gun control. Ex. Inclusion of voluntary hospitalization for mental illness. Libertarians tend to respond with public policy changes pertaining to other laws. Ex. Change laws pertaining to sealed juvenile records. Ex. Destroying records to preserve school/college safety ratings. Democratic Candidates:  Democratic Candidates Hillary Clinton Barack Obama John Edwards Republican Candidates:  Republican Candidates Rudy Giuliani Mitt Romney John McCain Presidential policy:  Presidential policy President George W. Bush Return to menu, click here Questions: 1:  Questions: 1 20,000 Gun Laws That Don't Work: Or - Why do we have so much crime with all these laws? More laws, more regulation, more restrictions. That's the government's answer to crime, especially to any kind of crime dealing with firearms. Today, we have over 20,000 local, state and federal laws which cover every aspect of using, owning, carrying, buying, transporting, storing and possessing a firearm. Yet, with all these new laws, the majority of which have been created since 1968, we have had more and more illegal use of firearms than ever before. Despite all the laws and despite harsher penalties. One has to ask why? http://hematite.com/dragon/20klaws.html   Federal law 18USC Section 922 generally prohibits civilians from having guns in school zones. Seven days after the 1999 Columbine school massacre in which 12 students and a teacher were murdered, Bill and Hillary Clinton held a press conference on gun control legislation. Clinton stated,   "Do we know for absolutely certain that if we had every reasonable law and the ones I'm going to propose here that none of these school violence things would have happened? No. But we do know one thing for certain; we know there would have been fewer of them, and there would have been fewer kids killed in the last several years in America. We know that for certain. We know that."   About 6,000 children were caught with guns at school in 1997 and 1998. Out of these, 13 were prosecuted by the Clinton administration Justice Department. http://www.justfacts.com/guncontrol.asp Questions: 2:  Questions: 2 In absolute terms, the lifetime prevalence of violence among people with serious mental illness was 16%, as compared with 7% among people without mental illness. Of course, because serious mental illness is quite rare, it actually contributes very little to the overall rate of violence in the general population; the attributable risk has been estimated to be 3 to 5% Violence and Mental Illness — How Strong is the Link? Richard A. Friedman, M.D. New England Journal of Medicine Questions: 3:  Questions: 3 Myth #1: Most murderers are ordinary, law-abiding citizens, who kill a relative or acquaintance in a moment of anger only because a gun is available. In fact, every study of homicide shows the overwhelming majority of murderers are career criminals, people with lifelong histories of violence, sometimes irrational, sometimes acquisitive. The typical murderer has a prior criminal history averaging at least six years, with four major felony arrests. He also is likely to be a substance abuser with a record of traffic and/or gun accidents. Indeed, even people who accidentally kill with guns tend to have similar felony records and histories of substance abuse and auto accidents. In short, these are aberrant people characterized by a consistent indifference to human life (including their own). How to make their day - gun control legislation - Cover Story National Review,  Oct 21, 1991   by Don B. Kates, Jr.,  Patricia Terrell Harris Questions: 4:  Questions: 4 Veterans who have been assigned a mental health disability with the VA have been entered into the NICS database whether they are a danger or not. Gun Control Bill Marks 1st Big Compromise in 110th Congress By Kelley Beaucar Vlahos from Fox News on June 13, 2007 Questions: 5:  Questions: 5 The APA vice-president Paul Appelbaum comments that firearms background checks for involuntary commitment don’t make sense because "past mental illness doesn’t predict future violence." The article further comments that the National Mental Health Association (NMHA) supports gun control, but opposes having patients’ psychiatric records available to law enforcement because it "compromises the mentally ill’s right to privacy and to purchase handguns." The article concludes with a quote from Dr. Appelbaum: "The prospect that federal and state officials and gun dealers can look at an individual’s history of psychiatric treatment, however, will make people more reluctant to seek treatment. Once these national databases are established, their uses are endless." American Psychiatric Association Website resources:  Website resources http://www.nmha.org/ http://www.time.com/time/nation/article/0,8599,1613177,00.html?xid=site-cnn-partner http://www.nytimes.com/2007/04/20/us/20cnd-guns.html?ex=1334721600&en=c17c6f5750a6084d&ei=5088&partner=rssnyt&emc=rss http://www.foxnews.com/story/0,2933,282054,00.html http://www.freerepublic.com/focus/f-news/1906205/posts http://forums.military.com/eve/forums/a/tpc/f/672198221/m/9280078251001

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