“Gun Laws and Persons with Mental Illness”

The recent incident of a woman (not pictured) with an unknown history of mental illness attempting to fire a gun at Ashley Hall School led to House Bill 3560 being signed into law.

Are there effective gun control laws in place for persons with mental illness?

Mark W. Binkley, General Counsel for the South Carolina Department of Mental Health, was the invited speaker for NAMI Mid-Carolina’s June education meeting Tuesday June 11, in the dining room of Trenholm Road United Meth-odist Church. Binkley’s presentation entitled “Gun Laws and Persons with Mental Illness” included a detailed history of gun control policy in the United States and an explanation of the more recent legislation passed in the state of South Carolina by the General Assembly in reaction to the recent tragedies that have taken innocent lives around the nation.

The shooting in Aurora, Colorado, July 20, 2012; the shooting at Sandy Hook Elementary School in Sandy Hook, Connecticut, December 14, 2012; other violent incidents involving the use of guns and the potential of a similar tragedy that was fortunately averted in Charleston, S.C., February 4, 2013, have brought the issue of gun control and mental illness to the forefront of policy discussions in the nation and in our state.

Binkley explained the Federal Gun Control Act of 1968, adopted during the presidency of Richard Nixon, resulted from the turbulent years and violent events of the 1960s during the Civil Rights Movement. The Federal Gun Control Act of 1968 required gun deal- ers nationwide be federally licensed and forced all gun purchasers to complete a written questionnaire at the point of sale that would prevent individuals who are identified in nine “prohibited categories” from purchasing a gun.

Among the “prohibited categories” are individuals under indictment in any court for a felony or any other crime for which a judge could sentence for one year; individuals who have been a fugitive from justice; an unlawful user of, addicted to, marijuana, or any depressant, stimulant, narcotic drug or any controlled substance; someone who has been discharged from the Armed Forces under dishonorable conditions; an individual subject to a court order restraining him from harassing, stalking, or threatening a child or an intimate partner or child of such partner; an individual convicted in any court of a misdemeanor crime of domestic violence; or an alien illegally in the United States.

Two of the “prohibited categories” pertain directly to the mental health of the individual. Under the Federal Gun Control Act of 1968, there are two categories of persons with mental illness that are included “prohibited categories” making it unlawful for them to purchase a gun.

The categories are persons with mental illness who have been involuntarily committed to an institution for mental illness and persons adjudicated by a court as “mentally defective,” meaning they are a danger to themselves or others; court ordered to a guardianship or conservatorship; pled notguilty for-reason–of-insanity in criminal court; or declared incompetent to stand trial due to their mental health.

The next federal legislation regarding the control of gun sales in the United States was the Brady Handgun Prevention Act, passed by the United States Congress in 1993, 12 years after the attempted assassination of President Ronald Reagan on March 30, 1981, which seriously injured press secretary James Brady, for whom the Act was named.

The changes to gun control policy created by the Brady Handgun Prevention Act included a mandatory background check and fiveday waiting period imposed on anyone seeking to purchase a gun. It also created the National Instant Criminal Background Check System.

The recent shooting in Sandy Hook Elementary School has brought more attention to the issue of gun control and mental illness. In addition, an event that did not turn to violence in Charleston, S.C., sped up the process for South Carolina House of Representatives Bill 3560 to be ratified into law.

On February 4, 2013, a woman on Rutledge Avenue in Charleston outside of Ashley Hall School was reported to the police for suspicious behavior. The woman had an unknown history of mental illness and had purchased a gun the day before despite her history of serious mental illness. Fortunately, when she attempted to fire the weapon, she failed and was arrested before any further incident could occur.

The event in Charleston resulted in House Bill 3560, which includes the following statement: “Require the Judicial Department and the State Law Enforcement Division to develop procedures for the collection of information on individuals who have been adjudicated as a mental defective or committed to a mental institution and for the submission of this information to the national instant criminal background check system (NICS).”

House Bill 3560 also includes reporting of other prohibited activities by the state to the federal government and includes a retroactive requirement for the submission of mental health adjudication and commitment information. House Bill 3560 was introduced and read for the first time on the floor of the South Carolina House of Representatives on February 19, 2013. The Bill was ratified and signed by Governor Haley on May 3, 2013.

The National Alliance on Mental Illness (NAMI) is the nation’s largest grassroots mental health organization dedicated to improving the lives of individuals and families affected by mental illness. The mission of NAMI Mid- Carolina is to improve treatment and quality of life for people who live with mental illnesses, their families, and the community through education, support, and advocacy. For more information about NAMI visit www.nami.org.