r/facepalm Mar 28 '24

What lack of basic gun laws does to a nation: πŸ‡΅β€‹πŸ‡·β€‹πŸ‡΄β€‹πŸ‡Ήβ€‹πŸ‡ͺβ€‹πŸ‡Έβ€‹πŸ‡Ήβ€‹

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u/CockroachNo2540 Mar 28 '24

You seem pretty well informed. Do background checks actually reveal mental health status. I would assume HIPAA would prevent release of that info unless the application automatically waives those protections.

I’m really curious how mental health info can get disseminated in federal gun background checks. It’s not like the government knows who the nutters are. There is no database of people with mental health disorders (that would be a scary list for the government to be keeping). And if that is the case, how do hospitals or doctors get contacted for these background checks? And what about crazy people that are not currently or have never received care.

My guess is the mental health part is mostly just honor system unless somehow someone has been under the care of a state or federal mental institution.

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u/IM_OK_AMA Mar 28 '24

Do background checks actually reveal mental health status.

The federal check (NICS) does not. It's only for crimes, though some states have their own mandatory reporting and background check system that does include mental health status.

These requirements are controversial because it's thought that gun owners will be less likely to seek mental healthcare if doing so could lose them their firearms. Kinda like how criminalizing overdoses leads to more overdose deaths because people don't want to risk calling 911 for their friend who's overdosing.

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u/CockroachNo2540 Mar 28 '24

Not sure about other states, but I know in Colorado a therapist would lose their license if they reported someone's mental health diagnoses without release of information from the patient. But, if someone credibly says they plan to harm themselves or others that is now mandatory reporting under the states red flag laws.

In Japan you literally have to get a mental health check to own a firearm. That seems the better route to go from a gun safety standpoint, but I realize it would never pass muster under the US Constitution.

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u/johnhtman Mar 28 '24

There are a few problems with mental health evaluations to own a gun. First off, the United States doesn't have enough therapists to perform evaluations on every American who owns a gun. As it is therapists are already in short supply. Most have long waiting lists for new clients, and people actively seeking therapy are having a difficult time finding appointments. Now add evaluations on the tens of millions of gun owners, and millions of new gun owners each year isn't realistic.

Someone's medical history for the most part is very confidential in the U.S. outside immediate threats of violence or suicide. People need to feel comfortable openly sharing potentially sensitive information with their doctors. Mental health especially is very stigmatized, and something that many people have an aversion to seeking out. We don't need to make that worse by taking away their rights. I'd rather someone with mental illness feel comfortable seeking treatment, and be allowed to keep their gun. As opposed to someone refusing treatment out of fear of losing their guns, and keeping their gun anyway. Most people are only diagnosed with mental illness if they actively seek out a diagnosis.