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EDITORIAL Gun background check database should include severe mental illness

Portsmouth Herald (NH) - 7/12/2016

The provision added to a New Hampshire Medicaid expansion bill dealing with mental health and guns was sponsored by Republicans who wanted to protect mental health records from prying federal eyes. But it appears to have done what years of effort by gun control advocates could not.

State Attorney General Joseph Foster says the provision will now require state courts to share certain mental health records with the national gun background check system. He says this pertains to people involuntarily committed to a mental hospital, those found not guilty by reason of insanity and those found incompetent to stand trial.

This new sharing of information by New Hampshire with the feds means the state will no longer be one of the few that does not report such records to the National Instant Criminal Background Checks System. New Hampshire will share information now consistent with most other states. This could allow federal authorities to stop the sale of firearms to some customers by a licensed federal firearms dealer.

We know this is anathema to those who view the right to bear arms as sacred. But the sharing is limited in scope.

Foster took great pains to explain in a letter to state Supreme Court Chief Justice Linda Dalianis that the state still cannot and will not report individuals who seek mental health treatment or use medication for it; those who voluntarily commit themselves or those found incompetent to stand trial but have not been involuntarily committed. In short, the attorney general's office is being very careful with this data in an effort not to trample on the rights of gun owners or the rights of the mentally ill.

Gov. Maggie Hassan also reiterated this in a statement on the ruling. She noted it was consistent with the legislature's bipartisan Joshua's Law, which also shares information about domestic violence offenders.

"By ensuring that the federal background check system includes comprehensive information about individuals who are already prohibited by federal law from possessing a weapon, we can help make our communities safer," Hassan said.

She reinforced that “this policy does not apply to the vast majority of people who experience mental illness, and we remain committed to preventing the stigmatization of those with mental illness and helping them access appropriate treatment. At the same time, this common-sense step will help prevent those who are a danger to themselves or others from purchasing firearms, strengthening public safety."

Despite the logic in the decision, the ruling could face legislative challenges.

The amendment's sponsor, Rep. JR Hoell, said the intent was to shield citizens' mental health records unless a court orders them shared. He said Foster's decision is "grossly misinterpreting" his amendment.

Michael Skibbie, policy director for the state's Disability Rights Center, said it will be harmful to those suffering from mental illness and reinforces false assumptions about a connection between mental illness and gun violence.

It is important to be sensitive about the issues, but Foster is doing that. The information that will be shared with the FBI will be limited in scope and emanate from a court of law. We hope legislators seize the opportunity to take the next step to ensure this sharing of information is even fairer. Hassan alluded in her statement for the need to now come up with a provision to allow the mentally ill who get treatment to petition to be removed from the background check system.

We support this change in reporting to the FBI's background check system, and hope time and energy are not wasted unraveling a reasonable system designed to save lives.