U.S. Senators Lindsey Graham (R-South Carolina), Mark Begich (D-Alaska), Jeff Flake (R-Arizona) and Mark Pryor (D-Arkansas), attempting to address the central issue of gun violence, introduced legislation Wednesday titled The NICS Reporting Improvement Act of 2013, which would clarify circumstances under which a person loses the right to receive or possess firearms based on mental illness. This action addresses the fact that the National Instant Criminal Background Check System (NICS), the clearinghouse for all new gun purchases, does not receive certain mental incompetency adjudications under current law.
The NICS Reporting Improvement Act of 2013 would apply to individuals considered by an adjuctive body, such as a federal court, to be:
- An imminent danger to themselves or others
- Found guilty but mentally ill in a criminal case
- Found not guilty in a criminal case by reason of insanity or mental disease or defect
- Found incompetent to stand trial in a criminal case
- Found not guilty only by reason of lack of mental responsibility under the Uniform Code of Military Justice
- Required involuntary inpatient treatment by a psychiatric hospital
- Required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is an imminent danger to himself or to others
- Required involuntary commitment to a psychiatric hospital for any reason including drug use
Each Senator commented on the bill:
The Alice Boland case is ‘Exhibit A’ of a broken background check system. An individual who pleads ‘Not Guilty by Reason of Insanity’ should not be able to pass a federal background check and legally purchase a gun. As astonishing as it sounds, that actually happened. Our bill addresses the Boland case, and other similar instances, to ensure that those who have been declared an imminent danger to themselves or others aren’t legally able to obtain a firearm. I would expect overwhelming bipartisan support for our legislation.
I’m pleased that we have been able to bring together unlikely allies from outside the building and produce a common-sense, bipartisan bill that will help keep our communities safe while protecting our Second Amendment rights. I have worked side by side with both the NRA and the mental health community to ensure that this bill will help keep guns out of the hands of dangerous people without stigmatizing the mentally ill or taking away individual rights. I hope today’s announcement serves as a reminder that if we roll up our sleeves and work together, we can still get things done around here.
We must strengthen the reporting process of mental health records so that those who should not have access to guns are barred from purchasing them. Ensuring that more of these records are integrated into NICS will significantly improve the background check process.
I’m a strong supporter of 2nd amendment rights. That said, it’s evident that our background check system needs some improvements. Our bipartisan, common-sense bill will update the system, and ensure individuals who have been deemed 'mentally incompetent' are not able to pass a background check and purchase firearms. The legislation contains provisions to ensure Second Amendment rights are returned to individuals once they return to normalcy from mental illness. It also does not apply to persons in a mental institution for observation or someone who voluntarily admits him/herself to a psychiatric hospital.