The December school shooting in Newtown, Connecticut that left more than 20 children dead last year has spurred much discussion in recent months over gun laws and mental health issues. Florida is one of the states looking into both issues. And, a bill is gaining traction in the state Legislature that could block anyone checking voluntarily into a mental health treatment facility from purchasing a gun.
Some say mental health issues had a hand in the recent mass shooting at Sandy Hook Elementary. The shooter, Adam Lanza, had autism, and it’s been widely debated whether that should be classified as a mental illness.
Still, it has put the spotlight on mental health issues and gun laws in many states, including Florida.
For example, today in Florida, people who are committed to a mental institution or determined to be mentally defective by the courts are not allowed to purchase a firearm. However, people “committed to a mental institution” do not include those who have voluntarily admitted themselves to a mental institution.
So, Democratic Representative Barbara Watson of Miami Gardens says she wants to address that issue by expanding that definition, under Florida’s Mental Health Act, or the Baker Act—the state’s law that addresses mental health needs.
“The bill amends this definition to include persons who voluntarily admits themselves to a mental institution being Baker Act[ed], thereby prohibiting such persons from purchasing a firearm,” said Watson.
Miami Dade County Judge Steven Leifman, who helped to draft the bill, has served as a special advisor on Criminal Justice and Mental Health for the Florida Supreme Court.
He says while most people with mental illnesses are most likely to be the victims of violent crimes rather than the perpetrators, Leifman says it’s still important that Florida close a major gap that currently exists in the state law.
“We have approximately 115,000 Baker Acts a Year in Florida. Only 1-percent of them actually are involuntarily committed and end up in the court system. Only those 1-percent go on the list to prevent those individuals from purchasing a firearm,” said Leifman.
Leifman says that means most people who are considered a danger to themselves or others voluntarily take treatment. But, he says as a result, they don’t get added to a database that blocks them from purchasing a firearm.
“So, you may have someone who has been voluntarily committed. They’re taking treatment, but a doctor or two doctors have determined that they’re in imminent danger to self or others. That individual can leave the facility and purchase a firearm. There’s a huge gap in the law. This legislation would help close that gap,” added Leifman.
The measure also had the support of Marion Hammer with the National Rifle Association, who called the bill “a very good solution.”
She says it’s necessary that people who are considered a danger, even after they voluntarily check themselves into a mental health facility, are put into what’s called the NICS system, or the National Instant Criminal Background Check system.
“People with mental illnesses who are determined to be a danger to self or others are using the system. They’re scamming the system," remarked Hammer.
"They’re many of them who have been Baker Acted, 5, 10, 20 times. They never get into the system to prevent them from purchasing a firearm. Because it’s a voluntarily commitment, they’re able to go into a facility and immediately revoke the voluntary agreement and go back onto the streets. And, nothing has gone into the NICS system to prevent them from going out and purchasing a gun.”
House Bill 1355 passed unanimously 13 to 0 in the House Criminal Justice Subcommittee, its first committee stop. It has one more stop to go before it heads for a floor vote.
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