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6/20/2014
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Behavioral Health and Firearms Safety Task Force’s legislation passes Assembly
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 STATE HOUSE – After unanimous passage in both chambers, the General Assembly gave final approval to legislation requiring Rhode Island to submit more data to the national database used to screen gun purchases, as recommended by the task force that studied the nexus of mental health laws and gun rights following the 2012 Newtown, Conn., school shooting.
The legislation was sponsored by Rep. Deborah Ruggiero (D-Dist. 74, Jamestown, Middletown) and Sen. Catherine Cool Rumsey (D-Dist. 34, Exeter, Charlestown, Hopkinton, Richmond, West Greenwich), who were co-chairwomen of the 20-member Joint Behavioral Health and Firearms Safety Task Force.
The legislation (2014-H 7939A, 2014-H 2774A ) would enact the task force’s major recommendation: that Rhode Island begin submitting limited additional information to the National Instant Criminal Background Check System (NICS) about people who are involuntarily committed in court for mental health treatment and pose a threat of violence to themselves or others. Rhode Island already submits relevant criminal records to NICS, and requires all gun purchasers to submit to a NICS check to ensure they are not disqualified from owning a gun.
“Our legislation strikes a delicate balance between public safety, mental health and individual rights. This legislation is a good step forward for Rhode Island, helping us to keep guns out of the hands of people who have been adjudicated and found to have a very serious mental illness and to be dangerous to themselves and others,” said Representative Ruggiero.
Said Senator Cool Rumsey, “We worked very carefully with all the stakeholders to ensure that we were building good policy, rather than reacting emotionally in the wake of a tragedy. We’ve very narrowly defined the people who will be affected by the change, we’ve protected their privacy and we’ve provided a way for them to apply for relief.” She added that the experience of serving on the task force was an excellent education into the intricacies of both firearms and related laws and the mental health system.
Under the legislation, District Court, which adjudicates involuntary commitment of individuals to mental health care, would submit limited information to NICS about commitment. Only those who are adjudicated in court, involuntarily committed as a result, and also deemed a danger to themselves or others would be included, and only enough information to identify the individual would be submitted, not any information about the nature of the person’s mental health issue. Those who seek mental health treatment on their own would not be affected.
The legislation also establishes a panel of mental health and law enforcement professionals to which a person who is disqualified from owning a gun under this legislation may seek to have the disqualification lifted.
The Assembly also passed the other bill (2014-H 7940A, 2014-S 2775) recommended by the task force to remove outdated language in weapons law relating to “habitual drunkards.” The task force recommended changes to laws containing outdated, poorly defined or inconsistent references to substance abuse or mental health issues.
Both bills will now be transmitted to the governor.
For more information, contact:
Meredyth R. Whitty, Publicist
State House Room 20
Providence, RI 02903
(401) 222-1923
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