Maine moves to close gun law loophole Federal database fails to include mental health records from all states

AUGUSTA – Maine is likely to join the growing list of states that change their privacy laws dealing with mental illness to allow the state to provide names of those found by a judge to be a danger to themselves or others to the National Instant Criminal Background Check System.

“Maine doesn’t have a system in place that really addresses someone who has been found by a court to be a danger to himself or others,” said Rep. Sean Faircloth, D-Bangor, assistant House majority leader. He said Friday that he has persuaded the other legislative leaders to allow an after-deadline bill, which is still being drafted, that will close the loophole that Maine shares with 27 other states.

Federal law prohibits anyone a judge has determined is a “mental defective,” as well as anyone involuntarily committed to a mental institution, from buying a firearm. Only 22 states now submit state mental health records to the federal background check database.

“Sounds like a loophole to me,” said Sen. Bill Diamond, D-Windham, co-chairman of the Legislature’s Criminal Justice Committee. “Mental illness and mental commitment [are] something that people need to know, the state needs to know, that the federal government needs to know when it comes to someone buying a gun.”

Rep. Richard Sykes, R-Harrison, the lead GOP member on the committee, said the state should move swiftly to start submitting to the feds the names of Mainers who have been adjudicated with a serious mental health condition. He said the case of Seung-Hui Cho, the Virginia Tech gunman who had been found to be a danger to himself and others by a judge but still was able to buy a gun, shows all states need to participate in the federal program.

“I think that type of information should be submitted to the federal authorities so there is a central repository that can monitor and hopefully avoid a situation like the Virginia situation,” he said, referring to the massacre of 32 people last month at Virginia Tech.

Rep. Stan Gerzofsky, D-Brunswick, the House chairman of the committee, said the panel may fold the issue into another bill it has conforming to the federal law Maine’s law for the purchase of guns. Maine allows 16-year-olds to buy a rifle or shotgun, but federal law blocks sale until a person is 18 years old.

“We are looking at conforming to the feds on this one already,” he said.

But there has been mixed support and opposition to changing privacy laws to allow state information to be placed in the federal database. Some mental health advocates at the national level have opposed putting state court mental health findings on the federal database.

While one group, Mental Health America, opposes sharing the information, NAMI-Maine, the state affiliate of that national advocacy group, supports Faircloth’s effort.

“People may be sick at one point in their life, but they get better,” said Carol Carothers, executive director of NAMI-Maine. “We really believe there needs to be a balance so people can come off the list because people will not always be dangerous to others or to themselves.”

Faircloth agreed and said language in his bill would seek to define whom should be reported to the national database and for what duration.

The issue also has split gun advocates. The National Rifle Association supports the information being collected by the states and submitted to the national background check database, but Gun Owners of America is opposed to it.

Diamond said Congress should act and require all states to report the data, given today’s mobile society, with people frequently moving from state to state. It is estimated that fewer than one in 10 Americans who have been involuntarily committed to a mental health institution is in the federal background check database.

Legislation now before Congress would provide federal grants to help states computerize their records for easy submission to the database. The legislation also would withhold some crime prevention grants from states that do not comply with the federal law.

“Everyone has got to get on board with this,” Diamond said. “I think we will in our committee.”