Psychiatrists are Wrong To Not Help Reduce Gun Violence By Mentally Ill

 The New York Times and Wall St. Journal reported on an argument being made by psychiatrists and psychologists that would allow them to escape provisions of the gun control law that would help persons with serious mental illness. Psychiatrists and psychologists are opposing a requirement inserted in NYS Gun Control legislation that requires them to tell county mental health directors when a mentally ill patient is likely to become dangerous. They fear making this report infringes on patient confidentiality and might, sometime in the future dissuade someone with mental illness from coming in or telling the truth, for fear it could result in them losing the ability to own a firearm.

The reporting requirement is exceedingly important in a way that the mental health industry is avoiding mentioning: by providing directors of county mental health programs with the names of people with serious mental illness who may become dangerous, it allows the mental health directors to prioritize their resources. They can ensure these most seriously ill and potentially dangerous individuals--a very small group--go to the front of the line for services, rather than the jails, prisons, shelters, and morgues they are historically sent to.

MENTAL HEALTH PROVISIONS OF NYS SAFE GUN LAW (S-2230 A-2388)

Following are the major mental illness provisions of the SAFE  NYS GUN LAW (S-2230 A-2388)  passed by NYS Senate and Assembly and expected to be signed by Governor Cuomo today.  
       Much of the credit must go to Senator Catharine Young (R) and Assembly member Aileen Gunther (D) who long ago identified ways to improve Kendra’s Law and proposed the original bill on which today's action is based. We especially thank the NYS Chiefs of Police and it's President, Michael Biasotti for their help in improving care for the most seriously ill. For more info visit http://kendras-law.org/

KENDRA’S LAW LOOPHOLES THAT WERE CLOSED

1. It closes the crack that allowed mentally ill individuals to be released from state prison forensic hospitals without evaluating them for inclusion in Kendra’s Law before they are released. If the person meets the criteria, the prison director must file a petition or notify the director of mental health services in the community the released prisoner is expected to reside.  (See Loopholes not closed)
2. It closes the crack that allowed court orders to simply expire without determining if they should be renewed. Requires Directors of Community (mental health) Services to establish procedures so that court orders that are expiring get reviewed prior to expiring. Historically, Directors of Community Services just let many orders expire without review.  
3. It closes the crack that allowed a court order to become unenforceable if a patient moves to a different county. Requires Directors of Community (mental health) Services to notify directors in other counties if a patient in Kendra’s Law moves to the other county. The director in the new county becomes responsible for provisioning services for the patient. 
4. Allows court orders to extend for up to one year. Research shows when a court order is for one year or more, the beneficial effect of the court order continues, even when the order itself expires. This provision also saves money.
5. Extends the sunset from June 30, 2015 to June 30, 2017. 

KENDRA’S LAW LOOPHOLES NOT CLOSED:

Which persons with mental illness can and can't buy guns

Many are concerned by proposals to create lists of persons with mental illness with the purposes of limiting access to guns. The question has arisen as to who is listed?

The following cites may help: 1968 Omnibus Crime Control Act, 1998 National Instant Criminal Background Check System (NICS)  excluded only people previously 'adjuticated as mentally defective' from owning guns. That phrase means there has previously been "A determination by a “court…or lawful authority that a person…is a danger to himself or others or lacks the mental capacity to contract or handle his own affairs” or "A finding of insanity in a criminal trial" It would include people who have been involuntarily committed, but not those who have been voluntarily hospitalized. Interestingly, it would include those who have previously been involuntarily committed due to substance abuse (some of whom have a higher propensity towards violence than persons with serious mental illness).

Why the public won't listen to mental health advocates

While virtually the entire nation unites around the reasonable proposition that people with serious mental illnesses should not own assault weapons, one group takes umbrage: mental-health experts. In the wake of incidents such as the one at Newtown, the experts immediately issue press releases claiming that people with mental illness are no more violent than others, leading to the conclusion that people with serious mental illness should not be the target of gun-control efforts.

How can the chasm be so wide? Who is right? The public that believes mental illness is associated with violence, or the experts who claim it is not? The science of violence becomes clear when you look at the totality of mental illness violence studies versus any single study. The definitive answer is: It depends on who is mentally ill.