Mental health history could prevent firearm purchases

The Judiciary Committee heard testimony Feb. 23 on a bill that would make mental health records accessible when conducting background checks for firearm purchases.

LB512, introduced by Imperial Sen. Mark Christensen, would remove a maximum five-year retention requirement for mental health records at the state Department of Health and Human Services. Records would include whether a person is disqualified from purchasing or possessing a handgun and would be made available to the National Instant Criminal Background Check System (NICS). The Nebraska State Patrol could access the system when determining a person’s eligibility to own a gun.

Additionally, the bill would enable a person who has been barred from buying or possessing a gun for mental health reasons to resubmit an application if he or she no longer suffers from the disqualifying condition. An individual could request a Mental Health Board hearing at which the board would consider:
• the circumstances surrounding the subject’s mental health commitment;
• the subject’s record, which would include mental health and criminal history records; and
• the subject’s reputation, developed through character witness statements, testimony or other character evidence.

Mental health records should be provided to prevent firearms from falling into the wrong hands, Christensen said.

Col. Bryan Tuma, superintendent of the Nebraska State Patrol, testified in support of the bill, saying it addresses the relationship between mental health and lawful possession of a firearm.

LB512 would remove the barrier of submitting mental health information to the national background check system, Tuma said.

Andy Allen, president of the Nebraska Firearms Owners Association, provided neutral testimony.

Allen said NICS has mistakenly listed thousands of people as having mental health issues and getting their names removed has been problematic. Meanwhile, he said, those mistakenly listed are barred unfairly from owning a firearm.

“You are innocent until you are proven guilty,” Allen said. “We don’t want that guy who is innocent to get caught in the system and not be able to get out.”

The committee took no immediate action on the bill.