Lampitt, Singleton, Eustace, Cryan,
O’Donnell, Quijano, Mainor & McKeon Bill Package Is Part of Comprehensive
Anti-Gun Violence Initiative
(TRENTON) – The General Assembly on
Thursday approved a two-bill package sponsored by Assembly Democrats Pamela
Lampitt, Troy Singleton, Tim Eustace, Joseph Cryan, Jason O’Donnell, Annette
Quijano, Charles Mainor and John McKeon to tighten mental health oversight for
gun owners.
The measures are part of the
comprehensive Assembly Democratic anti-gun violence initiative, which is
comprised of roughly two dozen bills.
The
first bill (A-3717), sponsored by Lampitt, Singleton and Eustace, would make it
mandatory for the state to submit certain mental health records to the National
Instant Criminal Background Check System (NICS). The measure was approved by a
vote of 71-5-1.
“A crucial mental
health reporting failure is what allowed the Virginia Tech shooter to purchase
weapons despite being adjudicated mentally ill. Clearly, there needs to be
greater coordination in incorporating mental health records into the background
check process,” said Lampitt (D-Camden/Burlington). “The NICS relies on states
to submit this information. If states fail to do so, the database will have
incomplete or inaccurate records, allowing some individuals to purchase guns who
should be prohibited. The goal of this legislation is to avoid that at all
costs.”
The U.S.
Department of Justice established the NICS for federally licensed gun dealers to
conduct background checks on prospective gun purchasers. The NICS attains or
accesses records from state police, local police and other agencies to determine
if the prospective gun purchaser is prohibited from owning a firearm.
“These
days it’s harder in some states to buy cold medicine than it is to buy a gun,”
said Singleton (D-Burlington). “A clean bill of mental health is a crucial
component to building a safer gun culture.”
New
Jersey has begun the process of implementing an electronic system to submit
mental health records to the NICS, however submission of these records is not
mandatory under current state law. The provisions of this bill would make the
submission mandatory.
“A
comprehensive and coordinated approach to mental health background checks is the
most effective way to reduce the possibility of guns ending up in the wrong
hands,” said Eustace (D-Bergen/Passaic). “Coupling this with the oversight of
licensed professionals, is a smart approach to dealing with any correlation
between gun violence and mental illness.”
The
second bill (A-3754), sponsored by Cryan, O’Donnell, Quijano, Mainor, and
McKeon, would require the Attorney General to seize a firearm that is in the
possession of a person determined by a mental health professional to be likely
to engage in conduct that poses a threat of serious harm to the patient or
another person. The bill was approved by a vote of 46-29.
“In
nearly every major shooting tragedy we’ve seen in recent years, the shooter was
reported to have had a history of mental illness,” said Cryan (D-Union). “This
bill will help us close some of the fatal gaps that allow guns to land in the
wrong hands.”
“This
bill will create a red flag system when a trained professional spots the
undeniable warning signs of potential violence in someone with mental illness,”
said O’Donnell, who is also Public Safety Director for the City of Bayonne.
“Proactive steps like this can help prevent potential tragedies down the road.”
Specifically, the bill would require
licensed medical professionals in New Jersey, including psychologists,
psychiatrists, medical doctors, and nurses, to report to the Attorney General
when, in their reasonable professional judgment, a patient they are treating is
likely to engage in conduct that would result in serious harm to that patient or
others.
“Licensed medical professionals are
trained to spot the warning signs of potential violence in a patient,” said
Quijano (D-Union). “If this information can be used to prevent a potential gun
tragedy, then we need to create a system to streamline this
process.”
“This is
one component in a comprehensive package of bills that will hopefully help curb
gun violence,” said Mainor (D-Hudson), who is also a detective with the Jersey
City Police Department. “By being proactive, we can help avoid the grief that’s
become all too common in the aftermath of such tragedies.”
“Licensed medical professionals have
the utmost respect for patient confidentiality, but at the same time, they are
uniquely trained to spot the warning signs of violence,” said McKeon
(D-Essex/Morris). “This bill goes to great lengths to protect a patient’s
privacy while still putting public safety first.”
The
Attorney General would receive the patient’s name and other non-clinical
identifying information to be used solely for the purpose of determining whether
the patient has been issued a firearms purchaser identification card, permit to
purchase a handgun, or any other permit or license authorizing possession of a
firearm. The bill stipulates that licensed practitioners who disclose a
privileged communication in complying with the bill’s provisions are immune from
civil liability in regard to those disclosures.
If the
patient has been issued a card or permit, the Attorney General would be required
to arrange for any firearm possessed by the patient to be seized pending a
hearing.
Both bills now await
consideration by the Senate.
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