From the story on the WDEL website:
"Senator Brian Pettyjohn's bill expands the crime of possession and purchase of a deadly weapon to include the guilty but mentally ill, those found not guilty by insanity, and those who are mentally incompetent to stand trial."
1). If a person is "mentally incompetent to stand trial" is that due to a permanent disability or to a treatable condition?
Just because someone HAD a debilitating mental illness, it does not mean that the condition cannot be
controlled. Imagine if a diabetic was denied a right due to his/her inability to make decisions when having a blood sugar crisis.
2). Same applies to "not guilty by reason of insanity."
After studying the situation & discussing it with several knowledgeable professionals we came up with the following language as an alternative to HB-88:
1). Action to order the relinquishment of firearms shall only be initiated if:
The subject is expressing behavior that is grossly irrational, (actions that the individual is unable to control), behavior that is grossly inappropriate to the situation, or other evidence of severely impaired insight and judgment, that creates an inference that the individual is unable to properly handle a firearm.
or
The subject has recently (within the past seven days) attempted suicide, or threatened suicide and there is a reasonable probability of suicide.
or
The subject has, during the past seven days, expressed dangerously aggressive behavior, has threatened to kill or seriously injure another person, has a current homicide plan, has specific homicidal intent, or has recurrent homicidal ideation.
It is well known that most mentally ill individuals are not violent. The language above will limit the proposed law to cases that have a clear increased potential for violence.
2). An order issued by the court pursuant to this section shall be immediately vacated
upon filing of an affidavit signed by a licensed psychiatrist or psychologist with whom
the patient has an ongoing relationship stating that he/she does not pose a
foreseeable threat of violence. Furthermore, such orders will expire, unless otherwise
renewed by the court, 12 months after their date of issuance.
This language makes it clear that an order for the relinquishment of firearms is intended to be temporary and that the opinion of a mental health professional who is familiar with the subject overrides an accusation made by someone else.