CHAIRMAN THOMPSON INTRODUCES MAJOR MENTAL HEALTH GUN VIOLENCE PREVENTION LEGISLATION
WASHINGTON D.C. – U.S. Rep. Mike Thompson (CA-5), chair of the House Gun Violence Prevention Task Force, today introduced the Promoting Healthy Minds for Safer Communities Act of 2014, major mental health and domestic violence legislation aimed at reducing and preventing gun violence. The legislation provides resources for mental health crisis intervention services; closes the gaps in current federal gun policy by clarifying and expanding existing federal prohibitors; provides states with the tools needed to strengthen and enforce gun violence prevention laws; and improves records reporting into the National Instant Criminal Background Check System (NICS).
"While those suffering from mental illness are far more likely to be victims than perpetrators of violent crimes, we must also recognize that improving our mental health system is an essential component of reducing and preventing gun violence," said Thompson. "This bill strengthens and improves intervention efforts, gives law enforcement additional tools to enforce laws and keep guns away from those who shouldn't have them, and it improves the submission of mental health records into the criminal background check system. While no one law or set of laws can end gun violence, by taking these steps – and requiring background checks on all commercial gun sales – we can make our communities safer and prevent more shootings while respecting the rights of law-abiding gun owners."
The Promoting Healthy Minds for Safer Communities Act of 2014 helps keep guns away from those who are determined to pose a danger to themselves or others. The legislation prohibits the purchase or possession of a firearm by individuals subject to involuntary outpatient commitment if a court finds they pose a significant and dangerous threat to themselves or others. Current federal law has been interpreted to apply only to inpatient commitments.
Recognizing that states play an important role in preventing gun violence and ensuring safe communities, the legislation strengthens federal and state partnerships by providing grants to states to strengthen gun violence prevention laws that prohibit individuals with dangerous risk factors from possessing firearms. For example, states could:
- Create laws that enable law enforcement to petition for a warrant to temporarily remove firearms when there is probable cause to believe that an individual poses an imminent risk of harm to self or others. The process by which a warrant is obtained and a gun is removed must be consistent with due process; and
- Create laws that temporarily prohibit the purchase and possession of a gun after an involuntary hospitalization on an emergency basis due to serious mental illness.
The Promoting Healthy Minds for Safer Communities Act of 2014 prohibits the purchase or possession of a firearm by individuals convicted of misdemeanor stalking. It also expands the definition of intimate partners and expands the scope of a misdemeanor crime of domestic violence to include dating partners, children, grandparents, grandchildren, and siblings. This allows people in these categories to be protected under current domestic violence laws that prohibit domestic abusers from purchasing or possessing firearms. Current law only protects current and former spouses, people who have or are co-habiting, people who share a child; parents; and guardians from domestic abusers who own guns.
Thompson's bill also establishes a minimum restoration standard, ensuring a fair restoration process of firearm ownership rights that balances public safety with individuals' rights. One year after an individual's involuntary commitment ends, they may petition the court to have their rights restored. The application must be accompanied by a clinical opinion of a psychiatrist or psychologist. After considering a variety of factors, the judge would determine if restoring gun ownership rights is compatible with the public interest.
Finally, Promoting Healthy Minds for Safer Communities Act of 2014 includes measures to strengthen and improve intervention efforts, boost mental health research, enhance information sharing and research on gun violence, and improve the submission of mental health records into the National Instant Criminal Background Check System (NICS), the database used to determine whether or not a prospective buyer is eligible to buy a firearm.
Thompson's task force included making improvements to our mental health system in their policy principles release in February 2013.
Congressman Mike Thompson is proud to represent California's 5th Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma Counties. He is a senior member of the House Ways and Means Committee and the House Permanent Select Committee on Intelligence. Rep. Thompson is also a member of the fiscally conservative Blue Dog Coalition and chairs the bipartisan, bicameral Congressional Wine Caucus.
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