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The Unworkable Federal Mental Health Background Check

The more I watch government drama and how political animals jockey around to try to gain the most mileage from each and every issue they take on, the more I am convinced that we desperately need to eviscerate the size and scope of the federal government and let the states do what only they can do best.

Personally, while I know it is infuriating — even at the state level — to watch zealous legislators take advantage of every major event to draft more regulations and laws that infringe on our freedoms, listening to the federal drama over gun-control efforts reinforces why this issue should be left to states to deal with.

At this point, many talking heads are stating that one area that everyone can agree on in the debate over gun-control is to strengthen background checks — especially of the mentally ill — when someone wants to purchase a gun.

Sounds simple, succinct and would surely prevent more Connecticut massacres, wouldn’t it? Hardly.

It would be another grandiose idea that would violate the 2nd Amendment rights of every person who has ever sought counseling and prove impossible to implement, especially at the federal level.

The first huge hurdle is how could this be done without violating the strict confidentiality laws that are designed to protect the privacy of those who seek mental health treatment? And who would be the mandated reporter? The patient, the counselor or a family member? Does that mean that every time someone seeks marriage counseling or suffers from mild depression and goes on an anti-depressant for six months, they must be reported to this federal data base and prevented from ever purchasing guns? And what about our beloved warriors returning from the middle east with PTSD? Should they be permanently stigmatized and never allowed to own a firearm because they sought professional help and needed a little time to decompress after years of being on the battle field defending our freedoms? (An oxymoronic idea laced with hypocrisy.)

Maybe we would have to devise a system whereby mental health diagnoses — which can be very arbitrary and many times wrongly diagnosed — would be two-tiered sort of like we do with criminals who commit misdemeanors vs. felonies. Certainly, paranoid schizophrenics are more dangerous than someone who is suffering from post-partum depression. What about people with eating disorders? Surely they could not be trusted to own a firearm. The list could go on and on until the feds convince themselves they are the only ones who can be trusted to own guns.

These ideas are ridiculous. The answers lie at the state level. Trying to impose feel-good answers from Washington will never work and is a waste of time. Get over yourselves, Washington, and let the states deal with this issue as they see fit.

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COMMENTS

  • norris

    When applying for a government security clearance for working in a defense plant one of the questions is have you ever been treated for mental illness.
    People with these jobs will avoid treatment to protect their jobs.
    Even though we have privacy laws people will suspect that the company can find out.

  • Viet71

    Agree. Except I’m concerned about the states violating Amendment II and the courts then coming down with conflicting decisions on various state law bans. Given the uniformity of Amendment II rights, I’d prefer a uniform federal law.

    As to mental health checks: ridiculous. Wouldn’t have stopped Adam Lanza.

    • westcoastpatriette

      I agree with your concerns about states also violating 2nd Amendment rights. But, I guess my main point is leave the mental health profession out of the discussion at the federal level.

      States need to make it easier to intervene to deal with the severely mentally ill and to take action to protect all involved. Other than that, the two fields — mental health and gun-control — should not be mixed unless crimes have been committed. The majority of people who seek counseling are no more dangerous than you or I.

      • kowalski

        That’s right and if you look at the history of the DSM-V and you decided to throw *that* book at people as a guide, it’s not just a matter of 2nd Amendment rights but basically allowing people to leave their houses.

        I’d like to see the DSM-V applied to world leaders by a rigorous and dedicated team of researchers. Whew. Don’t get me started. ;)

  • eltuba

    I couldn’t agree more. Any type of national mental health database would create an instant unemployable under class. It also would perpetuate the idea that we need to be protected from “them”.

  • Spike

    Living in today’s world entails risk. People with mental health issues (significant) are simply one more risk that factors into our daily lives. Would that sane people recognize that evil and insanity walk amoung us. Bad things happen and until Christ returns, they will continue to happen. AS you point our, No amount of health care, legislation or political bs will ever ensure our safety. We need to learn how to live with the risk and act accordingly.

  • checkmate2012

    wcp, what I find really important about your post is that this gun grab legislation, if it includes forcing doctors to out their patients and defy confidentiality, will discourage those that need mental health treatment from seeking it out. The examples you gave that are of temporary nature like grief of a loved one, marital problems, etc. could be used against them. Where is the line drawn and who decides? I’m not so sure states could be trusted in this matter either. I think the onus is on people/parents that interact with someone regularly that can recognize when someone has truly lost their sanity and reach out to help them before it reaches a stage of shooting up innocents.
    BTW, I’ve read that soldiers that admit having PTST ARE banned against buying guns and I find that despicable for asking for help after serving their country and then being denied their 2nd Amendment. Great post!

    • westcoastpatriette

      That is what is really bothering me about this rush to act. Many many health issues are acute not chronic or, IOW, they are temporary and people completely recover from them. This is just a way to stigmatize them even more than they already are. Someone is going to have to sue as this is unfair discrimination and the very reason why confidentiality is so strict in mental health because ignorant people freak out over the term “mentally ill.”

      • checkmate2012

        Well we all await the 19 E.O.’s to see if it includes forcing doctors to out their patients, hopefully not, and no law suits will need to follow. Not holding my breath, but glad a freshman Rep. from TX is out there speaking of using all tools to stop this madness.

      • PowerToThePeople

        Not only that WCP and Checkmate, the reality is that most of America could be defined as having some sort of mental illness. Depression alone, no matter how mild or no matter what has caused it such as persistent pain, affects a huge portion of the populace yet in the vast majority of the cases causes no more of a threat to anyone than a planters wart. When you start looking into all the diagnoses that are classified as mental illness, the list of people who would be disqualified from owning a gun grows exponentially.

        Hell even ole bright, cheery, friendly, nice, me has been diagnosed with minor depression due to chronic non-curable pain and an illness I deal with. Other than normal “anger” towards the condition I am in, I do not pose a threat to anyone. I am sure you can tell that by how nice I am to everyone on here….:)

        • westcoastpatriette

          Hey, I suffered from acute depression twice in my life but they were both temporary reactions to severe stress (thank God) and could be considered normal when looked at in context. Some people grieve the loss of a spouse through death or accident/illness more intensely than others so does that mean they will have their guns confiscated? This is insanity if they try to go there.

        • checkmate2012

          Agree PttP that all of us have occasions to be depressed but that doesn’t mean we’ll go off our rockers. I know I was really depressed and mad after the election and just watching what goes on in our gov’t causes mild to severe depression. I’m not making light of real depression that is debilitating by any means, just that it’s a normal condition we all deal with as a normal process of life.
          .
          As for your cheery disposition, well I call that a sign of a concerned proud citizen who despises lefty garble that is a direct cause of our daily indigestion towards our government ;-) That’s my diagnosis and I’m stickin to it!

  • kowalski

    But listen, WCP – the way things are working right now, all reasonable considerations like yours won’t matter much. We’ve got things like what happened in New York State yesterday. Listen to what really happened “at the state level” there, if you’d like a taste of how reasonable things are:

    “This
    absurd legislation was passed without a copy being made available to
    anyone. Most of the Senators had not seen the legislation until they
    went into chamber where they only had 3 minutes max to read the bills.
    We should be ashamed and afraid of our state because this proves they
    will do anything necessary to steal your rights.”

    https://www.facebook.com/NYSRPA/posts/10151348389491489

    Many of the people who voted for it didn’t even read the legislation. They cannot tell you what’s in it. It was done as a bum’s rush on a Monday and caught the entire state off guard. It was designed to strip people of their rights as quickly as possible before any thing could be done to prevent it.

    This is what our government has become.

    • westcoastpatriette

      I know kowalski. I just heard the news re: what they pulled in NY. Disgusting. It is still easier to change laws at the state level, though, and if they are going to impose tyranny, better to do it in states than at the federal level.

      I think it is a huge mistake to start mixing mental health professionals up in this mess, too. Part of the NY bill requires that patients who are a danger to themselves or others must be reported to the state registry that is used for background checks to purchase guns. We will see how this holds up in court.

      • kowalski

        It obviously has the potential for enormous abuse, and the way it was done is horrible. How do you try to think about it if you’re a mental health professional when you wake up and have this reporting requirement slapped on you in the middle of the night – and one that carries such important consequences. Woman goes for some treatment because she’s depressed, has successful treatment, winds up flagged in state database and now she can’t keep her pistol, which she needs because not only works as a security guard…

        I mean the whole thing is disgusting….

        • checkmate2012

          That’s a great point kowalski. Just how many doctors are willing to break their oath of confidentiality and expect to keep their practice? They should be outraged and speak up for themselves. And how does a Dr. determine if someone is deranged enough to commit a Newtown/Aurora crime? I doubt they admit to the doc that they are going to commit mass homicide say next week. Slippery slope indeed and the NY gov. should be ashamed of his actions. Let’s see if people vote with their feet like CA’s.

  • funwithknives

    Hello WCP and top-o-the morning to ya’.
    Consider:
    **My Health plan has a qualifier in it that instructs me as-to being an ‘uncooperative patient’ and encouraging reasonable dialogue ,so-as-to get ‘a partnership’, beneficial to all parties.{In Other Words, do not be a twit and keep it down, please]
    **We know that doctors are ‘encouraged’ to ask about Guns in the Household and other assorted topics. Can not answering the way Doc Sawbones expects, to be considered “being uncooperative” ? Or even [horrors] ‘inately argumentative’ and reason for a ‘minus’ in the mental health column?
    **Now, combine these items with the almost breathless drive to Computerize medical records. (Been to a doctor, or a few lately? I have and everywhere I went there were warnings about “please pardon us while we update our records” signs on every waiting room sign-in ledge/window.)
    Is it beyond the pale to imagine what is {possibly] going to transpire here?
    Doc has to check boxes to get paid.
    You ‘object’ to some of the boxes questions.
    A new file, on you and your supposed mental state, gets started and communicated to all and sundry. He gets paid, and who knows, a bonus may be in the offing.
    OOhhh,Goody,… just what I always wanted…..A New File…!

    • westcoastpatriette

      Top-o-the mornin’ to you, too, fwk.

      Yeah, that’s all we need is a national mental health data base on each citizen with people like Bloomberg and Cuomo deciding who is mentally stable enough to own firearms. Let the demented try to take our arms. They will see who is really the saner amongst us!

      • funwithknives

        Just turned on my ‘puter and lo’, what do I see but a Proclimation from Barry The First , exhorting doctors to meddle further still in asking patients about guns and their firearm storage methods. Since it ain’t il-legal, ‘nudging’ doctors along seems to be some sort of “Plan”, to begin The Progressive March to their chosen form and style of Utopia.
        This A M’s comment seems to be just a hair ‘Kreskin-Like’, so maybe I have finally found my niche.
        …or , was it just compensating errors on my part….?

        • westcoastpatriette

          I just posted another diary listing the 23 EO’s…they’re pretty wimpy. I think the O is losing his luster and tiring of fighting against all of these silly Constitutional limitations all the time. Maybe he’ll get really tired and resign from office early. :) )