Mental Health Records, One More Time
HB 2853, the bill being used as a vehicle for turning over mental health records to the FBI
(as mandated by the NRA-sponsored HR 2640) was back in the House Rules Committee yesterday.
(Several other gun bills were not acted on because of time constraints or because legislators were using them as bargaining chips.)
This bill is intended to force Oregon into compliance with a Federal law seeking mental health records in order to deny gun purchases.
The bill has seen many versions come and go and been the subject of many “work groups” which included gun rights organizations, mental health organizations, the Governor’s office and groups like the ACLU, which want to defend the privacy of everyone EXCEPT gun owners.
As a result, the bill has been continually narrowed to provide less and less info to the Feds.
That by itself is a good thing. We should not be providing more personal data to an administration that has an open animosity towards gun owners. But therein lies the rub.
As the bill has been amended, the changes have been intended to only identify people who have been adjudicated a danger to themselves and others. The last version of the bill did not achieve that, but was close. The problem is, while we’re turning over records of “mental defectives” to the State Police to share with the FBI, we are also greatly restricting the State Police’s access to the records that determine why someone is “mentally defective.”
Restricting government access to private records is a good thing, and we support it. The problem is the same problem we have with the existing Brady Bill.
OFF hears from people almost every day who have been denied firearms’ purchases because government databases indicate some “criminal “history.
Criminal history should, at least in theory, be pubic record. But the fact is, getting details about criminal histories from other states is often an exercise in frustration.
How much worse will it be if you are mistakenly identified as “mentally defective” and the State Police have an even harder time getting access to records that would clear you?
We are opposed to the Brady check system as a prior restraint on your rights. We oppose any expansion of the system, which HB 2853 would be. But we are very concerned that if enacted, HB 2853 would cause the many problems we have with State Police background checks to increase.
We have heard from people who have waited for months to get an approval for a firearm transfer.
Under this bill we expect a tremendous expansion of the problem.
The bill will be heard again on Friday May 29th. We urge you to contact the House Rules Committee and let them know that we do not need to expand the failed Brady background check system.
Sample message below:
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Dear Representative,
Although attempts have been made to improve HB 2853, the problems with the bill remain.
The current “Brady background check ” system often prevents legitimate firearms’ purchases because of faulty criminal history records. I believe that adding “mental health” records to the system can only cause more problems, especially since the intent is to keep those records as private as possible, making it difficult or impossible for the State Police to clear a person falsely accused of being a “mental defective.”
This bill creates more problems than it solves. Please vote “no” on this bill.
Thank you,
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