Gun bill headed to House floor
For those following the bill that would prevent people with mental illness from buying guns, it sailed through the House Judiciary II Committee this morning.
You may remember the Senate watered down the bill some. As originally written, anyone committed to in-patient or out-patient treatment would have had their name entered into the NICS system, a national database used to determine folks who shouldn't be able to buy firearms. The Senate changed that to say that if you're committed by the court to out-patient treatment, there has to be an additional finding that you're dangerous to self or others.
That point was hugely controversial on the House floor, but not so much this morning.
Rep. Rick Glazier, who is handling the bill on the House side, didn't seem to think that was such a big change and said the bill should ride as is. Grassroots North Carolina, a gun-rights advocacy group that opposed the original bill, said they were neutral on it in its current form.
My guess is this thing will still draw some fire on the floor but will probably pass here in the final days of session.
Update: The bill passed the House with virtually no debate. Because there was no change from the version passed by the Senate, it now heads to the governor.
Comments (1)
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There are several phases to involuntary commitment in NC that need fixed before names are sent to the National Database and people's lifes are targeted forever.
The first phase to be corrected is during an emergency situation, when a magistrate has the authority to sign commitment papers without ever seeing or speaking to the patient, the patient's primary care physician, or the patient's next of kin. While this breaks every patient's right rule written, it happens in NC.
Second, phase that needs corrected is when patients are committed to a state facility without being advised that they are being committed nor are their next of kin (Wake Med Hospital Cary has done this).
The third phase that must be corrected is doctors falsifying and signing commitment papers at state facilities without ever examining the patient personally.
Involuntay commitment is a strange process in NC and the statutes governing mental health in NC has so many loopholes and omissions against the patient, that citizens are actually at greater risk of the system than to themselves or others. Personal civil rights are violated by this law.
Last phase is 15 days later when the patient is finally awarded a judicial hearing if they have not successfully changed their involuntary commitment to voluntary.
In S2081 it is never defined at what phase or on who's authority (magistrate, hospital, phychiatrist, for hearing judge) will that patients name be turned over to the National Database. A person's name could accidentally get on that list forever for simply having a misdiagnosed medical emergency.
The law must clearly define when that name gets added by the Clerk, because it should never be added unless there is a final hearing and unless the patient at the time of that hearing is actually judged to be mentally ill and committed. Any processes and procedures up to that time could be in error. It's too easy in NC to get the involuntary commitment papers initiated against a person. It's too late if that name gets added in error and lives and reputations ruined.
Posted on July 21, 2008 3:24 PM