Firearms and Mental Health:
Methods to Reduce Mass Shootings and Gun Inflicted Suicide
Brian Long
The Chicago School of Professional
Psychology
Abstract
Few
issues bring up such divisive debate as firearm ownership. While recent tragedies have reignited
the debate and spurred interest in finding a solution to keeping firearms away
from those suffering from mental, there has been little if any agreement on how
to achieve this aim. This paper
examines the issues of firearm ownership from two mental health contexts. First, how to address the question of
ownership and firearm purchasing by those with diagnosed mental illness. Second, how to reduce the risk of
suicide by firearms. Through the
use of citizens advocacy and increased education about firearms issues and
awareness, Mental Health Professionals can start to address the dangerousness
of firearms.
Keywords: firearms ownership, confidentiality,
informed consent, gun violence, suicide, prevention
The Second Amendment of the United States Constitution states, “A
well regulated Militia, being necessary to the security of a free State, the
right of the people to keep and bear Arms, shall not be infringed”. However, interpretation of the second amendment is a powerfully
divisive issue that has had a great impact on the mental health field. While the intention of the founding
fathers and writers of the constitution is under constant debate, there is some
agreement that keeping firearms away from those who intend to harm themselves
or others is national priority.
Recent tragedies have brought to light the challenges in gun control
efforts and the dangers that guns can play in the hands of those suffering from
severe mental illness. Mental
Health Professionals have a challenging role in the debate on firearm
ownership, safety and the rights of those with mental health disorders. Following the Tarasoff case, Mental
Health Professionals are required to breach confidentiality to warn potential
victims. Should changes to the law
be made to allow Mental Health Professionals to breach confidentiality to
remove firearms and/or the ability to purchase firearms from individuals
determined to be a potential danger to themselves or others? There are two distinct issues that need
to be addressed, 1) keeping mentally disturbed individuals from purchasing
firearms and 2) removing access to already owned firearms from those
experiencing a mental health crisis.
The removal of rights guaranteed in the constitution is a controversial
debate, however the right of individual firearm ownership needs to be weighed
against the right to safety of the general public.
Firearms
and Mental Illness: Keeping Guns Away from Disturbed Individuals
The
Virginia Tech massacre in 2007 and the Newtown shooting in 2012, along with too
many others, have brought to the forefront the debate on firearms ownership and
mental health. Sueng Hui Cho and
Adam Lanza, and others in recent tragedies, had histories of mental illness. In the case of Sueng Hui Cho, he was
prohibited from purchasing firearms in Virginia (Virginia Tech Review
Panel, 2007), but was able to buy
firearms anyway because of incomplete national database participation. In several of the recent gun tragedies,
shooters were able to purchase firearms despite disqualifying mental illness
that should have precluded them from being able to procure firearms.
The National Instant Criminal Background
Check System (NICS) was created to regulate the purchase of firearms and
prevent disqualified individuals from making firearm purchases (Price &
Norris, 2010). A firearms dealer
is required to submit a background check to the FBI before completing any
transaction. The FBI maintains
three databases, for this issue the database of concern is the NICS Index,
which contains information about prohibited persons such as individuals with
“disqualifying mental health history” (Price & Norris, 2010). The Federal Gun Control Act of 1968 “prohibits possession of a firearm
by, or transfer of any firearm to, a person who has been adjudicated as ‘mental
defective or committed to a mental institution’ or is an ‘unlawful user or
addicted to any controlled substance’” (Price & Norris, 2010). Together these statutes were created to
prevent those with mental illness from purchasing firearms. However, submission of state level
records to the national database is voluntary. As of 2007 only 22 states had submitted files to the NICS
database and firearm sales that take place at gun shows or between private
vendors, which amount to 25% of sales, do not have to be reported (Price & Norris, 2010). These two loopholes have allowed for numerous transactions
that should have been stopped to go through, as was the case in the Virginia
Tech shooting.
Sueng
Hui Cho was displaying signs of mental illness as early as middle school and
according to Virginia law should have been unable to purchase firearms, however
due to ambiguity in the wording of the statute at the time, his mental health
status was not communicated to the relevant authority (Virginia Tech Review
Panel, 2007). Since the tragedy, Virginia law has
been clarified in the hopes of avoiding a future tragedy, however other states
have yet to make change to their gun purchase laws and seem to be waiting for
their own tragedy before making changes.
A national standard needs to be created to coordinate state level
disqualifying mental health information into the NICS database.
Firearms,
Mental Illness and Suicide: Preventing a Tragedy
Many
studies have connected the link between suicide completion and firearm
use. Statistics from 2009 show
that, “Suicide
by firearm was the leading cause of suicide death in the United States, with a
rate of 6.3 per 100,000 people”
(Sterzer, 2012). Further the
prevalence of firearms in the home, “Almost 40% of American households
contain at least one firearm” makes firearms readily available to those
contemplating suicide (Miller, 2008). Due to the lethality that firearms
present, suicide attempts involving a firearm are far more likely to be
completed than other methods (Sterzer, 2012). This makes
removal of access to firearms for those individuals suffering from acute
suicidal ideation a key component to mental health treatment. While the risk of suicide remains
elevated for some time after initially seeking treatment, short-term removal of
firearms from the home may greatly reduce the chance of a lethal suicide
attempt. A study by Mike Crawford
in Advances in Psychiatric Treatment found that 25% of all deaths occur within
3 months of hospital discharge (2004).
However, there are few laws in place to protect the mentally ill from
the danger they pose to themselves during a suicidal period. The bulk of the debate is centered on
preventing those with mental illness from procuring firearms, there is little
to no debate about the removal of firearms from those who already own firearms
but are currently suffering from suicidal ideation. Drafting legislation to remove firearms from mentally
disturbed individuals will be a highly contentious issue. However, Mental Health Professionals
can work to create informal agreements with clients to voluntarily turn over
firearms until after the mental health crisis has passed. Similar to contracts drawn up between
clients and therapists not to harm themselves, an agreement can be made to
allow a third party to remove the weapons until a later time when the
individual is no longer a danger to themselves. These plans would have to be discussed and agreed to by the
client, but could go a long way in removing the immediate ability for lethal
self-harm.
Informed
Consent
Meyer
and Weaver (2006) state that for there to be informed consent a person needs to
be properly informed about the nature, risks, and benefits of the course of
action the mental health professional would like to undertake. This is related to the Fourteenth
Amendment and the right to due process.
The three components of informed consent, voluntariness, disclosure and
capacity, all need to be obtained for a person to be able to give informed
consent. When exploring the rights
of patients to maintain firearm ownership during times of mental health crisis
the issue of capacity takes center stage.
Is a person able to make decisions regarding their health and the safety
of others when they are suffering from suicidal or homicidal ideations? Each state has different laws regarding
the purchase and ownership of firearms by those who have been determined to
suffer from mental illness. Depending
on the state, disclosures made to a therapist could result in the loss of
Second Amendment rights to own or purchase firearms. Some recent state laws, such as Florida’s Privacy of Firearm
Owners Act, have impeded health providers’ abilities to carryout their duty to
protect by placing restrictions on asking questions regarding firearm ownership
(Falls, 2011). These questions
will be addressed in the following section on informed consent and firearm
ownership.
Restrictions
on Patient Questioning
During
the initial interview and intake process it is important for mental health
workers to be able to freely question their clients in order to develop a
complete understanding of the situation and the potential risks they face. In 2011 the state of Florida passed the
“Privacy of Firearm Owners Act [FOPA], which prevented the state’s medical
personnel from asking patients about gun ownership” among other things (Falls,
2011). While this law was aimed at
medical personnel, similar statutes could easily be expanded to include the
mental health profession. FOPA
limited medical professionals from being able to ask patients about gun
ownership or the ability to document ownership on the patient’s medical
record. However, in direct
conflict with this law are the precedents that have come from the Tarasoff and Almonte cases, stating a need to protect the victims of potential
violence. The inability to ask
certain questions restricts the professionals’ ability to assess potential
danger of the client. As stated in
the article by Brian Falls (2011), “Asking suicidal or homicidal individuals
about firearms is also paramount to the formulation of a safety plan prior to
discharge from an emergency room.”
Several professional groups have joined in calling for a challenge to
this law, included is the American Academy of Pediatrics (AAP). In a statement by the AAP President O.
Marion Burton, “Tragedies that could have been prevented by a simple
conversation will, instead, occur” (Florida Gun Legislation Would…, 2011). Fortunately, a Florida judge has issued an injunction
against FOPA, however, similar statutes remain unchallenged in other states and
new restrictions can be put in place (Falls, 2011). Emergency planning and patients rights to gun ownership
during times of mental health crisis will be addressed in later sections of
this paper.
During
the initial intake and interview, clients need to be made aware of their
rights, how confidentiality works, and the limits that are in place. Many clients are under the impression
that anything said to a mental health worker is confidential, however there are
several conditions placed on confidentiality and the client needs to be
informed of these limits before beginning therapy. The ACA code, section B.2. states several exceptions to
confidentiality, these include, danger and legal requirements, contagious and
life threatening diseases, and court-ordered disclosure (Herlihy & Corey,
2006). In the case of firearm
ownership, the main issue is with dangerousness to self or others. The ACA code states, “counselors keep
information confidential does not apply when disclosure is required to protect
clients or identified others from serious and foreseeable harm” (Herlihy &
Corey, 2006). In Tarasoff v. the Regents of the University of
California (1976) the duty to warn a specified victim was made a legal
requirement that can come with civil penalties for failing to protect the
victims of violence (Meyer & Weaver, 2006). This was further expanded to include non-specific victims in
the case of Almonte v. New York Medical
College (1994). In this case
it was found that the defendant, Douglas Ingram M.D. was found liable for
failing to act to protect the future and unknown victim of his trainee, Dr.
Joseph DeMasi (Meyer & Weaver, 2006).
The Virginia Tech shooting in 2007 brings to the forefront the question
of warning to protect unspecified victims of potential violence, when to breach
confidentiality and what rights should the potentially dangerous retain in
regards to firearm ownership.
Confidentiality, Privilege, and
When to Breach
Meyer
and Weaver (2006) describe confidentiality as the “ethical obligation to keep
client information private unless legally compelled to disclose it.” Privilege is the legal equivalent of
confidentiality that establishes the right to privacy of communications between
client and therapist. In re Lifschutz (1970) established that
this privilege is owned by the client and protected by law, however, there are
exceptions to protected speech (Meyer & Weaver, 2006). During the initial interview and intake
process it is the obligation of the therapist to educate their client as to the
bounds of confidentiality as discussed earlier in the section on informed
consent.
Seung
Hui Cho was reported and sent for counseling as early as middle school for
writing about a desire to carryout a Columbine style shooting (Virginia
Tech Review Panel, 2007). While Cho was receiving support and
evaluation from mental health workers following this event, his mental health
record was not fully reported to the NICS and he was able to purchase firearms. Cho’s mental health status should have
disqualified him from being able to purchase firearms in the state of Virginia
and nationally, however, the rules on reporting were unclear at best and he
slipped through the cracks (Virginia Tech Review Panel, 2007; Price &
Norris, 2010). To prevent future
tragedies and follow the trend of protecting potential victims from violence,
should stricter standards for firearm ownership be federally mandated?
Firearms
provide the potential for one individual to perpetrate great violence against a
large group of people in a very short period of time. Gun tragedies are claiming victims in the dozens by lone
gunmen. As established in Tarasoff (1976), Mental Health
Professionals have a duty to warn victims. However, if the victim(s) are unclear, who do you warn? With the destructive nature of
firearms, would society be better served by removing the implement to carry out
these crimes from individuals until they have received the care they need?
Addressing
the Dangers of Firearms
There
have been many proposed solutions to help protect society from the risk of gun
violence stemming from those suffering from mental illness. Both protecting individuals from
hurting themselves and preventing individuals from being able to hurt others
need to be addressed. There are
many solutions that can be easily implemented. While there is no single solution to eliminate the risks of
firearm violence, the first steps need to be taken to tackle this deadly
problem. The first step should be
to close the loopholes in the NICS database. Second, the gun show exception for firearm purchases needs
to be eliminated. Finally, Mental Health Professionals need to be educated
about the importance of questioning their clients about firearm ownership
during initial interviews with clients who are presenting symptoms that suggest
violent or suicidal tendencies.
This should include training during their education on how to approach
the subject and planning procedures for removing weapons from potentially dangerous
individuals.
Closing
the Loopholes
The
first step that states and the federal government should take is to improve the
NICS database and close the gun show loophole for firearm sales. While this will not completely solve
the problem, it is easily done and the effects should be able to keep firearms
away from many who would be a danger to themselves or others. The largest problem facing states and
NICS database compliance are differing definitions of “disqualifying mental
illness”. The federal government
can take the lead by proposing a uniform standard that states can agree to or
not. However, if they choose to follow a lower standard, pressure from citizen
groups can be brought to bear on state officials to hopefully achieve national
compliance.
The
NICS database currently relies on states to voluntarily submit information
regarding mental health status of in-state patients. As of April 2007, less than half the US states were
submitting mental health records to the NICS (Price & Norris, 2010). A federal law requiring submission of
mental health data will be met with significant opposition from the NRA and
other pro-gun lobbies that exert considerable influence in politics. Rather than trying to legislate change,
the APA and other professional associations can lobby the representatives in
their states to participate in the voluntary submission of mental health
records to the NICS. Recent gun
tragedies have started a debate on how to best care for those with mental
illness and how to keep guns away from those who are not able to use them
responsibly. Updating and
maintaining the NICS database is one cost-effective method that is already in
place and ready to go. While it
may lead to some people being deprived of their right to firearms, the risk posed
to public safety is far greater.
One
simple change that can be added to the NICS database to counter the gun lobby’s
protests would be to add a clear method to be removed from disqualifying status
on the NICS database. If someone
who has been prohibited from purchasing firearms due to mental illness, they
could be removed from the NICS after completing and evaluation by a qualified
professional. This would ensure
that the public is protected and individual rights would also have a mechanism
in place to ensure they are protected.
The
next change that has been repeatedly brought up in national debate is the
so-called gun show loophole on background checks. As it currently stands, background checks are not required
when private citizens, including private vendors at gun shows, sell
firearms. Given the evolution of
technology and the ease with which documentation can be processed, there is no
reason to maintain this allowance.
While many argue that sales between private citizens should not be regulated,
there is already plenty of precedent for government regulation of private
sales. Car sales and ownership
have to be registered with the local government, firearms should be as well. The constitution states the right to
ownership, not anonymous ownership, will not be infringed.
Asking
Questions: Patients and Firearms
The
last step that Mental Health Professionals can take is to start including
questions about firearms ownership in their initial client interviews. Determining their clients views on gun
ownership, if they own weapons, and if they are planning on purchasing a weapon
can be used in performing a complete threat assessment. While this would not need to be
conducted in all situations, when a client appears that they could be a threat
to themselves or others, clinicians should ask about firearms to get a clear
picture of the level of threat their client poses.
Part
of the education of up and coming Mental Health Professionals should include
how to address firearm issues with clients and firearm removal plans in the
case of suicidal patients. If a
client presents with suicidal or homicidal ideations and has disclosed firearm
ownership, it would be imperative to remove the weapons from the individual
before they can harm themselves or others. Laws requiring the removal of weapons would be heavily
challenged, but that should not prevent Mental Health Professionals from coming
up with informal plans for removing firearms, with client agreement, from the
home. Should the client refuse to
voluntarily give up their weapons then stronger actions, such as civil
commitment, can be pursued to protect the individual or the greater public.
First
Steps
There
are many actions that can be taken to address the dangerousness of
firearms. The Second Amendment is
a founding principle of the United States and while its meaning is often
debated; agreement is not going to be coming soon. In the meantime, steps need to be taken to stop the recent
spate of gun violence and school tragedies that are destroying our great
nation. A few simple steps can be
taken to keep guns out of the hands that would do great harm to themselves or
others. By training Mental Health
Professionals to ask about firearm ownership and working to create a clear
national standard that all states can accept, we can reduce the risk of gun
violence by the mentally ill.
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Gun Legislation Would Hinder Pediatrician’s Efforts to Protect Children.
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