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PA Mental Health Records Included in Gun Check Database

The State Police have complied with State Rep. Todd Stephens' request to have mental health records included in a national gun check database.

It took 18 months, but State Rep. Todd Stephens said the Pennsylvania State Police have begun sending the mental health records of people prohibited from buying firearms to a federal database.

Stephens (R-151) of Horsham, has been working for a year and a half to prevent what he calls a “loophole” pertaining to the inclusion of mental health records in the National Instant Criminal Background Check System (NICS). Without that inclusion, Stephens said anyone from Pennsylvania who has been involuntarily committed, or found to be mentally deficient - and thus ineligible to buy firearms - could travel to another state and buy a gun.

that would require that the state's records be included in the national system. Since then, the Pennsylvania State Police followed through on a vow to begin forwarding all mental health records to NICS no later than Jan. 15 for inclusion in the national database. Stephens said the state police sent more than 600,000 mental health records to the FBI-run NICS.  

“I applaud the state police for voluntarily providing this information to the national database,” Stephens said in a press release. “It will go a long way toward keeping guns out of the hands of those who may not possess a firearm due to mental health issues.”

Despite the state police's submission of records, Stephens told Patch that he still plans to introduce the legislation. His bill, which he said garnered widespread support in the form of co-sponsors, could be introduced within a week. 

The potential law is moving forward at the state police's request, Stephens said, adding that "some additional language" is necessary to help police comply with federal requirements. 

Ultimately, a law mandating the record share is the only way "we can be assured" that mental health records would continue to be sent to the national database, he said. 

On the federal level, Bucks County Congressman Mike Fitzpatrick (R-8th district) this week introduced legislation to strengthen the national background check system to ensure that firearms are kept out of the hands of people not permitted to possess them. 

Currently, the National Instant Criminal Background Check System (NICS) checks available records on persons who may be disqualified from purchasing firearms. However, it is optional for states to make their records available to the database.

Fitzpatrick's legislation, H.R. 329 the Strengthening Background Checks Act, aims to incentivize states to make their laws compliant with the intent of the NICS or face mandatory reduction in grants available for law enforcement.

"States must do their part in helping to prevent those already banned from owning firearms under current laws from doing so," Fitzpatrick said in a press release. 

According to the Mayors Against Illegal Guns, the NICS database of mentally ill citizens is comprised of at least 584,985 individuals. Of those, 98 percent come from seven states - California, Colorado, Florida, Michigan, Missouri, Ohio, Virginia - plus federal agencies. 

Following the shooting at Virginia Tech the federal government enacted incentives for states to submit their mental health records to the national database which resulted in a dramatic increase in the number of records available.

According to a July 2012 U.S. Government Accountability Office Report, from 2004 through 2011 the number of mental health records available in the national database increased from roughly 126,000 to 1.2 million, reflecting inclusion of records from a dozen states. The number of people denied a request to buy a firearm based upon a mental health prohibition increased almost 600 percent from 365 to 2,124 during that period according to the same report. 

Jonathan Gahman January 24, 2013 at 01:07 PM
Without legislation authorizing this move by the State Police it sounds like a huge HIPAA violation
Karl January 24, 2013 at 01:45 PM
And the state police have everyone's mental health records? Gun control will be coming in the back door of our nationalized health care system.
heather January 24, 2013 at 02:10 PM
HIPAA Law ....:I couldn't transfer Dr's w/o having to physical going there to get them but they can just pass our personal info around because the government says so wow I would like to see strongerlaws but this. is to personal and what mental state are u not allowed to buy a gun??
Jane January 24, 2013 at 03:49 PM
I support this. I think the burdens of gun ownership belong on the people who want them (intrusive examinations) rather than those of us who don't (militarized schools with armed guards).
truthsayer January 24, 2013 at 04:36 PM
I support this type of information being included in a background check. I was in law enforcement and saw many, many people with mental issues that owned guns. The HIPAA laws made it even more difficult to screen out those who were not stable enough for the responsibility of gun ownership. If a person is threatening to harm themselves and you confiscated their firearms, they can petition the courts to get them back, or just go buy more. The number of people that are being treated for some mental issue is astounding, and it requires a healthy mind to own firearms. I fully believe in the Second Amendment and oppose the current political mindset that wants to ban semi-automatic rifles that "look" dangerous (all guns are dangerous, when mishandled or possessed by the mentally unstable or criminally minded), but I support stricter scrutiny for those who accept the responsibility of owning firearms. In my opinion, it is the most important Constitutional Right which helps us protect all other Rights (although I suppose it was the second most important to the Founding Fathers), and should be treated with great respect and diligence...or else we risk forfeiting that Right.
Bill Sams January 24, 2013 at 05:58 PM
This is just another step for The Feds to take over our lives. The most Damage I see with this Kind of legislation is getting to the law abiding Gun owners. This is the reason a lot of Gun owners don't want the Feds to know they have guns. I certainly don't want the Doctors to ask me if I own guns. This is against my civil rights.
anonymous January 24, 2013 at 06:09 PM
That's all well and good but Pennsylvania gun purchases don't even use NICS it uses PICS, Pennsylvania Instant Check System, so unless the information is being used there it doesn't matter.
Hmmm... January 24, 2013 at 06:16 PM
COOL, they can start here. Can the mental health of some who post on this site be sent as well?
Michele January 24, 2013 at 07:53 PM
anyone who has been involuntarily committed, or found to be mentally deficient is ineligble to by a gun per existing law. That is mentioned in the article.
Michele January 24, 2013 at 07:56 PM
I'm pretty sure most people would agree that it's a bad idea to allow a person who, has paranoid schizophrenia to purchase a firearm. I'm not sure how you would know this if you didn't have a mental health backround check. You still may not know, unless they have already been involuntarily committed or arrested, but at least you can screen some dangerous persons out.
Jack Minster January 24, 2013 at 08:31 PM
The NRA has always supported background checks to include mental adjudication histories for all gun sale transactions. Congressman Fitzpatrick's legislation is smart. Theresa, well written article.
Theresa Katalinas (Editor) January 24, 2013 at 09:10 PM
Anonymous, That's correct, but as it stands now, if the PICS information is not shared with NICS, someone who has been involuntarily committed could drive to another state and purchase a firearm because the data would not be available to the other state doing the background check. The legislation is looking to prevent this.
sue domin January 24, 2013 at 09:41 PM
If you are so worried about your personal information being thrown around, you should really look into what you do everyday. Log in your computer, swipe your credit card,make a phone call. I think your mental health record is the least of your worries, unless of course you have a record, then you should be worried about buying your next gun. I think this is FANTASTIC!!!
anonymous January 24, 2013 at 09:45 PM
Only long guns can be bought out of state and transported personally from the out of state store to the persons residience, anything else must be shipped to an FFL within PA and PICS is done, and most crimes are commited with handguns and thats the reason its done that way. Trust me when i say that this shared information will keep firearms out of the hands of the mentally disparaged but unless PA gets its act together and switches to the NICS system i will do no good. The PICS system is outdated and overall is a slow running system if their is any volume of checks being done so i will be the first to say to PA to switch to the NICS system. All it is to PA is a way of making money and the State wants to make their money no matter how it does it.
Joan L January 24, 2013 at 11:16 PM
I strongly support this action. Sue is correct. You make more information about you searchable by your daily actions than anything else. Everyone seems to be advocating for the rights of gun owners. What about the rights of people who want to be safe from the mentally deranged and stupid people who accidentally shoot someone?????
Diabeetus Brimley January 25, 2013 at 02:02 AM
I understand that this law aims to keep weapons out of the hands of dangerous people, but considering that those people saddled with a mental illness are far more likely to find themselves the victim of a crime, I highly doubt this would have any measurable impact.
Theresa January 26, 2013 at 11:44 AM
I agree, this law that Todd Stevens is pushing is in complete violation of mental health persons private information. This law serves to overstep the HIPPA law. The state police should not put people's information out there without a public vote. Their names is one thing but their records is another. How can this be allowed? What other rights will Todd Stevens take from the mentally ill?
Theresa January 26, 2013 at 11:53 AM
So right! This is a very huge HIPPA violation and people should write their Senators, Congress etc. opposing the HIPPA violation. Yes, their should be a ban on assault weapons and stricter gun laws, though to very possibley violate innocent mental recipeints is an unfair price. To have already had state police have peoples's records with Todd Stevens blessings is an outcry. What other rights will the Senator find appropriate to violate?

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