F4

Problem: Today's access to guns makes it easier for people with mental illnesses to gain control of guns, which results in unnecessary gun violence, or tragedies. States are not provided adequate background information when a person purchases a gun, which results in people who should be denied a gun, obtaining one. Access to information on mental illness in federal background checks should be increased. At the moment, due to the Health Insurance Portability and Accountability act, only a limited amount of information on mental health is needed to prohibit those with mental illnesses from obtaining a gun. Access to an adequate amount of background information on mental health will be the most effective way to accurately decide who should and shouldn't be allowed to gain control of a gun.

Existing laws: The National Instant Criminal Background Check System, also known as the NICS, is a system that is required to be used when a gun is purchased. It checks criminal records and mental illness of whoever is purchasing a gun. The NICS improvement amendments act was passed, which created incentives for states to improve the reporting of mental illnesses on federal background check. However, reports did not improve, due to congress failing to give the incentives to the states, such as funding or grants. States were only given about 5.3% of what they were actually meant to receive. The Obama Administration Justice Department was created in order to enforce those who falsify information on their background checks.

Proposal: This law will increase the access states have on mental health information in the federal background checks. Many people that have been involved in recent gun shootings have been mentally ill. Therefore, it should be a requirement to have a complete background check, rather than just the minimum amount of information needed in background checks. There should be a detailed report on a person's mental health provided by an extensive mental evaluation.

Committee: Judiciary

Sources:
http://thecaucus.blogs.nytimes.com/2014/01/03/obama-announces-gun-control-actions/?_r=0

http://www.policymic.com/articles/22802/gun-control-facts-existing-gun-laws-would-reduce-crime-but-these-are-not-enforced