Sunday, June 15, 2008 — Firearms may be banned from the hands of “severely mentally ill” individuals if legislation proposed Thursday by Attorney General Roy Cooper is approved.
Cooper presented the bill, Senate Bill 2081, Thursday morning to N.C. Senate Judiciary I committee members.
It directs clerks of court to enter information from involuntary commitments into a national database designed to prevent the severely mentally ill from acquiring guns.
The proposal stems from Cooper’s campus safety task force, which recommended the action following the fatal shootings on the campus of Virginia Tech.
The process is proposed basically as a “red flag” system to be monitored through the National Instant Criminal Background Check System (NICS).
The Clerk of Superior Court in counties where individuals are found by the court to require involuntary commitment for inpatient or outpatient mental health treatment would submit a corresponding report to NICS.
Likewise, a similar report of disclosure would be filed regarding defendants found not guilty by reason of insanity or found mentally incompetent to face criminal trial.
In the event an individual is identified in one of those categories, a request may be made to remove the bar against firearm purchase, possession or transfer.
Petitioners 18 years or older would have the opportunity to describe their recovery, offering proof they no longer suffer from the condition that resulted in involuntary commitment.
If found not guilty by reason of insanity, no option would be granted for potential restoration of firearm privileges.
However, those disqualified from firearms possession following comparable out-of-state assessments may apply in-state in their county of residence for privileges.
In those cases, the district attorney would present any and all accessible mental health, juvenile and criminal history records contrary to the petition.
Findings in such an instance would again be forwarded to NICS. In the event the findings allow for firearm possession, the law does not include concealed carry privileges.
If approved and passed into law, the bill, would become statutory in sections, the first phase becoming active Dec. 1, the second phase July 1 and the remainder at the time it becomes law.
Jay Almond can be contacted by email at snaponline21@carolina.rr.com.
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