Some
in the
national mental health community are
concerned about a proposed U.S.
Senate bill to give incentive grants to
state and local agencies that report the
names of those who have been
"adjudicated as mentally defective"
when they go to buy firearms.
Since 1968, Federal law has required
state and local government agencies
to report the names to the
Federal Bureau of Investigation, which
oversees the National Instant Criminal
Background Check System. Most state
and local agencies have not complied
with the law.
Senate bill 2826, known as "Our Lady
of the Peace Act of 2002," would
change that by providing incentives to
report the names to the Federal
Bureau of Investigation (F.B.I.).
The National Alliance for the Mentally
Ill (NAMI) objects to the proposed
bill on the grounds that the term
"adjudication as mentally defective"
in the document "encompasses a
variety of categories, including all
individuals who have ever been
involuntarily committed to a psychiatric
facility, without regard to the
seriousness of the disability, when
the commitment occurred or the
reason for the commitment." Any
determination (formal or otherwise)
by a governmental agency that a
person is a danger to himself as a result
of a mental disorder or illness could
serve as a basis for reporting the name
to the F.B.I.," NAMI argues.
According to that organization, the bill
does not contain adequate protections
to safeguard the privacy of individuals
whose names are reported to the F.B.I.
and sets forth no guidelines for
establishing regulations for protecting
privacy. It also objects to the use of the
language, "adjudicated as mentally
defective" on the grounds that it is
outdated and stigmatizing.
The proposed bill passed the U.S.
House of Representatives without a
hearing and may do the same in the
Senate. U.S. Senators can be reached
through the Capitol switchboard,
(202) 224-3121 or e-mailed at
http://www.Congress.org.