There seems to be widespread agreement that it would be best to keep guns out of the hands of those who are severely mentally ill. The problem is identifying those who are severely mentally ill. If only there were some government agency that had a database of people suffering from severe mental illness. I think I know of such a government agency. Social Security has a database of those who are drawing disability benefits and they are further identified in that database by primary diagnosis. I don't think that current Social Security policies allow data sharing for the purposes of keeping firearms out of the hands of those who are severely mentally ill but the Privacy Act has an exception that allows release of information for "law enforcement" purposes. Could that be interpreted to include gun background checks? I have heard nothing to suggest that the White House is considering the idea of using Social Security records to identify individuals who should not be allowed to buy guns. The idea may never be considered. It probably has drawbacks but I really don't like the idea of guns in the hands of schizophrenics.
There was recently the case in which SS released data to the FAA, identifying a pilot who had HIV.
ReplyDeleteYou would have to assume, or somehow check, that the primary diagnostic code is correct. I'd guess theres a fair error rate in that.
I suffer from OCD. At one point, it was listing level severity. But I was never a danger to others. If such a system were used, I'd want strong, strong protections and a requirement of a judicial decree in each case (here in South Carolina it would from a probate judge), with a 6 month or 1 year review period.
Justin
The National Council on Disability actually just sent a notice to the Vice President recommending avoiding "avoid any proposal to link the Social Security Administration's database of representative payees with the FBI's National Instant Criminal Background Check System". Interestingly, I don't think it says anything about linking it with beneficiaries.
ReplyDeletehttp://www.ncd.gov/publications/2012/Jan142013/
This a great idea, Mr. Hall. Spread it around. Send it to the editor of the NY Times.
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ReplyDeleteI am in favor of gun controls but do not feel that a diagnostic code chosen by a DDS examiner would qualify as a determination of a "severe mental disorder " which puts the public at risk. It should remain with the treating physician to make such a determination and their responsibility to notify the authorities.
SSA should stick to the knitting and make determinations on the individuals ability to work not on their ability to carry firearms.
Let's see how many ALJs start asking mentally ill claimants about their access to guns, particularly assult weapons. Some will surely feel that it is their civic duty.
ReplyDeleteSocial Security does play a role in preventing gun violence, they have armed guards at all their buildings, just as all schools should have.
ReplyDeleteIt's illegal for a person with a disability to have a firearm isn't it? Here in Ohio I see it all the time where people are charged with that offense on thee court docket. So severity isn't even an issue then?
ReplyDeleteDDS examiners do not give a diagnosis. They use the diagnoses given in the medical records. That said, not all schizophrenics, nor other severely mentally ill people, are on disability. Further, not all mental illnesses will predispose someone to gun violence.
ReplyDeleteOhio law 2923.13 Having weapons while under disability.
ReplyDelete(A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.
(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, “mentally ill person subject to hospitalization by court order” and “patient” have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.
I'm a beneficiary. Any database link with ssa may or might unduly discriminate against a claimant or beneficiary.
ReplyDeleteSo just don't break the law and it will be okay.
ReplyDeleteAnonymous said...
ReplyDeleteOhio law 2923.13 Having weapons while under disability.
Someone said they frequently see people charged with having weapons while under disability. As I read that, the disability in questions is a legal disability to possess a weapon. Most of the charges are probably from subsections 1, 2, 3i.e. fugitives and felons.
"just don't break the law and you'll be ok?". That doesn't follow, and doesn't help if the SS database was used to bar weapons ownership because of a diagnosis or code absent a criminal act.
Justin
Short answer concerning the gun issue and SSA: NO!
ReplyDeleteFor something many would assume Social Security does report for enforcement, i.e. whereabouts and activities of the "undocumented" who fraudulently have/use social security numbers either for work or welfare, SSA actively avoids procative action. Reporting on this does affect the mission of SSA. I think FDR would be amazed at and opposed to any effort to tie SSA in with gun issues.
Just because SSA has adjudicated a claim as an allowance with a primary diagnosis code of a mental impairment does not mean that person has been judged to be mentally incompetent. However, I do agree that persons who have been declared too disabled to work due to a psychotic illness, major depression, bipolar illness, or mental retardation (intellectual disability) should not own firearms.
ReplyDelete"Just don't break the law" does work. I'm pretty sure the majority of people who don't break the law don't get arrested. Sure there are some exceptions to every rule, but I stand by that comment. Our society is changing for the worse and some of you have voted to have the government control darn near every aspect of our lives. Therefore, if the government decides to use the SSA database, then that's what they will do. I don't agree with it, didn't vote for this but have to live with it all the same. THE PEOPLE HAVE SPOKEN!
ReplyDeleteI may have been unclear, or am not following you. I meant "just don't break the law" doesn't help (is non-responsive) to gun restrictions that are not based on a criminal act.
ReplyDeleteI have always been a big believer in the 4th amendment (unreasonable search and seizure). This pains me to say. But we might have to scale back the 4th a little when it comes to mental health records.
ReplyDeleteThis idea has some merit. These shootings are not a gun problem. They seem to be a severe mental disorder problem. Identifying people with extreme mental disorders (mainly sociopaths) is key to stopping these bizarre shootings.
I do not like Big Brother (especially the US government) watching all the time. But a little may be helpful. I am just not sure how it would work.
1:30 PM, January 18, 2013
ReplyDeleteWell said and well reasoned.
Justin