“Easy Scapegoats”: Guns, Not The Mentally Ill, Kill People
After a year of violent tragedies that culminated with the elementary school shooting in Newtown, Connecticut, America is finally having a conversation about gun control. For the many who want to decrease access to firearms in the wake of several mass shootings, new laws being proposed around the country to limit and regulate guns and ammunition represent a momentous first step.
But running through the gun-control debate is a more delicate conversation: how to handle mental-health treatment in America. Among both Democrats and Republicans, in both the pro-gun and anti-gun lobbies, there’s a widespread belief that mental-health treatment and monitoring is key to decreasing gun violence. Shining more light on the needs and struggles of the mentally ill would normally be a positive change; mental-health programs and services have been cut year after year in the name of austerity. But in the context of gun violence, those with mental illness have become easy scapegoats. Rather than offering solutions to the existing problems that patients and providers face, policymakers instead promise to keep guns out of the hands of the mentally ill. The trouble is, that often means presenting policies that are actually detrimental to mental-health treatment—threatening doctor-patient confidentiality, expanding forced treatment rather than successful voluntary programs, and further stigmatizing people with databases that track who’s been committed to hospitals or mental institutions.
The National Rifle Association has led the charge to blame those with mental illness. “The truth is that our society is populated by an unknown number of genuine monsters—people so deranged, so evil, so possessed by voices and driven by demons that no sane person can possibly ever comprehend them,” NRA executive vice president Wayne Lapierre said at his December 21 press conference. “How can we possibly even guess how many, given our nation’s refusal to create an active national database of the mentally ill?” Ann Coulter was more succinct: “Guns don’t kill people, the mentally ill do.”
It’s not just the NRA and the right wing who are turning mentally ill Americans into political pawns. See, for instance, New York’s new gun-control law, the first passed after Newtown. In addition to banning assault weapons and semiautomatic guns with military-level components, the legislation requires therapists, nurses and other mental-health-care providers to alert state health authorities if they deem a patient is a danger to self or others. That would then allow the state to confiscate the person’s guns. The measure broadens the confiscation powers to include those who voluntarily seek commitment to a mental-health facility—in other words, the people who get help without being forced. Finally, it strengthens Kendra’s Law, which allows the courts to involuntarily commit the mentally ill.
Other states will very likely follow suit. Legislatures in Ohio and Colorado will both consider measures to make it easier to commit people. Maryland Governor Martin O’Malley wants to broaden the range of people banned from owning guns to include those who have been civilly committed to mental institutions at any time. Policymakers in Louisiana, Massachusetts, Pennsylvania, Rhode Island, and Utah have also proposed measures aimed specifically at keeping the mentally ill from getting guns.
The new rules and proposals perpetuate the assumption that people with mental illness are dangerous; instead of making people safer, the requirements may hurt efforts to get the mentally ill treatment. For instance, the expanded reporting requirements mean mental-health providers must alert officials if a patient may harm herself or others. Law-enforcement officials can then show up and confiscate any guns the patient owns. Mental-health providers are already supposed to report if a patient seems in imminent danger of doing harm, but the new law broadens that rule. It could easily chip away trust between therapists and their patients. The threat of gun confiscation may make it less likely that folks like policeman and veterans suffering from trauma to get help, since many are gun owners. “It’s very hard to get people to come forward and get help,” says Ron Honberg, the national director for policy and legal affairs at the mental-health advocacy group National Alliance on Mental Illness. “If they’re aware that by seeking help they’re going to lose their right to have a gun, we’re concerned it’s going to have a chilling effect.”
It’s also not likely to slow down the violence. Predicting murderous behavior is extremely difficult and most of the time, the providers can’t do it accurately. “We’re making an assumption that violence can be predicted,” Honberg says. In fact, it’s lack of treatment, combined with substance abuse and a history of violence, that tend to be the best predictors of future violence. Yet many of New York’s new laws—like the reporting requirements and the push to put more mentally ill people in government databases—target those who are already getting help.
The issue is not that mental-health advocates want to arm more people, but that those with mental illness are being singled out by often well-intended gun control measures, which could increase the stigma around getting help. By focusing on keeping guns out of the hands of the mentally ill specifically—and not those who have histories of substance abuse, domestic violence, and other predictors of violent behavior—these laws perpetuate the idea that the mentally ill are an overwhelming threat. So did a recent report from Mayors Against Illegal Guns, which highlighted the gaps in reporting mentally ill people to the NICS database; in red pullout text, it prominently displayed examples of mentally ill people responsible for violence.
The stereotype that the mentally ill are very violent is simply incorrect. According to the National Institute for Mental Health, people with severe mental illness, like schizophrenia, are up to three times more likely to be violent, but “most people with [severe mental illness] are not violent and most violent acts are not committed by people with [severe mental illness.]” On the whole, those with mental illness are responsible for only 5 percent of violent crimes.
“People with mental illness are so much more likely to be victims of crimes than perpetrators that it’s almost immeasurable,” says Debbie Plotnick, the senior director of state policy at Mental Health America, an advocacy group for mental-health treatment. According to one study, people with mental illness are 11 times more likely to be the victims of violence.
Fortunately, the national conversation hasn’t been entirely negative. Advocates see an undeniable opportunity to get more funding and attention to mental-health services. For the first time in recent memory, governors and lawmakers across the political spectrum are pushing for more dollars to help those with mental illness. That’s particularly important because over the past four years, $4.35 billion was cut in funding for Medicaid mental-health funding, substance abuse, housing, and other mental-health programs at the state and federal level. Now, even Kansas’s ultra-conservative Governor Sam Brownback is pushing for $10 million more for mental-health care. South Carolina Governor Nicki Haley, a Tea Party favorite, has also argued for an increase in funding. In Oklahoma, Colorado, Minnesota, and Missouri, legislatures will very likely consider investing more heavily in treatment of mental illness.
The investment is badly needed. Over the years, most states have cut back to only providing emergency and crisis care for mental illnesses. That’s both expensive and ineffective. Harvey Rosenthal, executive director of the New York Association of Psychiatric Rehabilitative Services, says the most successful programs are those that focus on getting a patient help wherever they are, while providing other necessities like housing. For instance, the “housing first” model provides housing to people who might not otherwise qualify and then layers on services like mental health and substance abuse treatment. Such programs, like New York’s Pathways to Housing, have an astounding 85 percent retention rate, and according to Rosenthal, they’re successful because they tailor to a person’s specific needs rather than telling patients “you’re mentally ill and you need medicine.”
More attention to the cracks in care for the mentally ill is a good thing. While it may not have much to do with gun violence, there is a serious mental-health-care problem in the country.
By: Abby Rapoport, The American Prospect, February 7, 2013
“Gun Lobby Propaganda”: The NRA And The Myth Of The 20-Minute Police Response Time At Sandy Hook
Appearing on Fox News Sunday this week, National Rifle Association executive vice president Wayne LaPierre was pressed about the controversial ad the group created in the wake of the Newtown, Connecticut school massacre that referenced the armed protection President Obama’s daughters receive.
Even as host Chris Wallace belittled as “ridiculous” the ad’s premise that all children deserve the same kind of protection that the president’s children have, LaPierre defended the ad and said, “Tell that to the people of Newtown.”
“So they should have Secret Service”? Wallace asked.
In response, LaPierre propagated a favorite falsehood of the pro-gun media lobby [emphasis added]:
LAPIERRE: No, but what they should have is police officers or certified armed security in those schools to keep people safe. If something happens, the police time — despite all their good intentions, is 15 to 20 minutes. It’s too long. It’s not going to help those kids.
In the wake of the Newtown shooting, LaPierre bemoaned the fact kids aren’t safe at school, in part because it takes police 15 to 20 minutes to respond to a deadly shooting like the one in Connecticut.
But that’s not true and it’s time the news media start calling out anti-gun control extremists like LaPierre and Larry Pratt, the executive director of Gun Owners of America, among others, who keep peddling the obvious falsehood in the press.
Fact: The Newtown police station is located approximately two miles from the Sandy Hook Elementary School. There’s no way it would have taken law enforcement 20 minutes to respond to the first 911 calls reporting gunfire at the school. (Local cops could have run from the station and been at the school in less than 20 minutes.)
Fast-acting Newtown officers “made it in under three minutes, arriving in the parking lot while gunfire could still be heard,” according to New York Times interviews with the first responders that day.
But if you listen to LaPierre as well as other anti-gun control advocates who are making the media rounds, you’re led to believe gunman Adam Lanza roamed the hallways of Sandy Hook for nearly half an hour, killing people at will before law enforcement finally arrived; that terrified teachers and students were “waiting 20 minutes for the cops to show up,” as one pro-gun blogger claimed.
It’s not true. The claim is pure gun lobby propaganda.
The frightening specter of defenselessness is projected to boost the NRA’s claim that the only way to combat gun violence in school is not to control the sale and distribution of guns, but to put armed policemen in 98,000 schools in America. Other gun advocates use the phony 20-minute premise to bolster calls for allowing concealed weapons in schools.
Since the December 14 massacre, the 20-minute myth has been widely repeated among right-wing media outlets:
“It took the police 20 minutes to arrive at Sandy Hook. By the time they got there, it was over. [National Review Online]
“In the short run, stopping the next Sandy Hook means ending the deadly policy which gave the killer 20 minutes (until people with guns, the police, finally arrived) to fire 150 shots and repeatedly change magazines, murdering at leisure.” [Volokh.com]
Unfortunately, the 20-minute myth got an early boost from CNN.com, which posted an inaccurate timeline of the school massacre. CNN’s faulty claim that first responders arrived at Sandy Hook “about twenty minutes after the first” 911 calls was quickly embraced by right-wing bloggers who mocked the police’s slow response time.
But that single, erroneous report certainly can’t justify the continued misuse of the 20-minute myth, since the vast majority of Newtown reports got the facts right. Contrary to CNN timeline, it was widely reported last December that police and first responders arrived at the Newtown crime scene “instantaneously,” “within minutes” of the first 911 call, and “minutes after the assassin began his rampage.”
And two days after the shooting rampage, audio from Newtown police scanners was made public. It confirmed that officers were reporting back from the school just a few minutes after the first school calls came into the dispatcher that day.
Still, the 20-minute myth serves a political purpose, so people like factually challenged gun extremist Larry Pratt have used the concocted claim repeatedly in the media:
“The solution is for people to be able to defend themselves at the point of the crime and not wait for 20 minutes for the police come after everybody is dead.” [Dec. 18, CNN]
“And Newtown was the same, a school where nobody was able to have a gun, even if they had a concealed carry permit, which you can get in Connecticut. Nobody was able to shoot back. They had to wait some 20 minutes for the police to get there. That’s unacceptable.” [Dec. 28, Fox]
“Especially if you’re telling the potential victim you can’t be armed. You have to wait for the Cavalry to get here five, 10 or in the case of Newtown 20 minutes later. I find that unconscionable.” [Jan. 12, CNN]
“Well, the armed teacher is going to have a lot more chance stopping a mass murderer than the police who take 20 minutes to get there, as they did in Newtown, and that’s not an extraordinarily long response time.” [Jan. 17, Australia Broadcasting Corporation]
Pratt’s sinister assertion is pure fabrication. If gun advocates continue to peddle the lie, it’s up to journalists to call them on it. The falsehood purposefully hinders attempts to debate the pressing issue of gun violence, and serves an insult to the Newtown police officers on duty that dark day in December.
By: Eric Boehlert, The Huffington Post Blog, Crossed Posted at County Fair, a Media Matters For America Blog, February 5, 2013
“Absolute Opposition”: How The NRA Is Helping To Pass Gun Control
We’re in the early stages of a lengthy process that will involve hearings, competing bills, horse-trading, and the usual ugliness of life in the Capitol Hill sausage factory, but the contours of gun legislation are beginning to take shape. Though President Obama is out campaigning for the full package of reforms he has been advocating, there are indications that the assault weapons ban may get dropped in order to forestall a Republican filibuster in the Senate, and a bipartisan group is about to introduce a bill in the House on gun trafficking and straw purchases. (I’ll discuss the assault weapons question in a later post). In other words, the actual legislative process is getting underway.
And though it’s by no means assured that some gun measures will pass Congress, if any do, we’ll partly have the NRA to thank. That’s because, I believe, the organization fundamentally misread the role it plays in the minds of the average voter. They’ve become more extremist in the last two decades, but most people didn’t realize it, because unless you’re a member and are getting their magazines and emails or seeing their representatives appear at conventions, you had no idea just how extreme they’d become. So the idea that the NRA is just the guardian of Americans’ gun rights could persist. An average gun owner who saw that the NRA endorsed a candidate could say, whatever else he thought of that candidate, “I suppose he’s all right when it comes to guns.” But now that Wayne LaPierre has been appearing on television shows, the whole country has gotten to see just what a maniac he is, and how extreme the organization has become. And now that there are concrete proposals on the table, voters can see that the NRA will oppose even universal background checks, which every opinion poll taken in the last couple of months has shown are supported by an astonishing 90 percent of the public. When even the host of Fox News Sunday is calling your arguments “ridiculous” and “nonsense,” you’ve got a problem.
So now, members of Congress who just a few months ago would never have considered bucking the NRA on anything may realize that it isn’t that much of a risk to oppose them on a particular measure, provided it has wide public support. Instead of worrying that they’ll be branded “anti-gun” for disagreeing with the NRA on anything, they may be saying to themselves that if they’ve got the public behind them, it may not be such a risk after all to support something like universal background checks.
The NRA’s model of influence—absolute opposition to any measure to restrict guns combined with apocalyptic rhetoric aimed at its supporters—worked as long as the gun issue was out of the spotlight. But now that we’re having an actual debate, things have changed. It’s becoming clear that while they represent a certain portion of gun owners, they definitely don’t speak for all gun owners, which is what they’d like legislators to believe. And that may provide just enough of an opening for legislation to pass.
By: Paul Waldman, Contributing Editor, The American Prospect, February 5, 2013
“18 Year Olds Can Buy Handguns”: Easier To Buy Three Glocks Than A Case Of Bud
If you’re 18, the law says you can’t buy a handgun. But you can buy a handgun without breaking the law. This paradox exists thanks to a little-noticed manifestation of the so-called gun show loophole, which keeps government regulations out of private gun sales.
The Gun Control Act of 1968 made it illegal for a gun dealer to sell handgun to anyone under the age of 21. “Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older,” the ATF’s official Federal Firearms Regulations Reference Guide states. But the agency’s regulations only apply to federally licensed firearms dealers, not to non-professional private sellers.
“A high school senior in most states can go to a gun show, go online, or any other place that they might find a private seller and lawfully purchase a gun that they couldn’t otherwise at a gun dealer,” explained David Chipman, a former ATF special agent who now works with Mayors Against Illegal Guns.
“That is correct,” confirmed George Semonick of the ATF. “Under federal law, it’s not unlawful for an 18-year-old to posses a handgun,” Semonick explained to Salon, though some states have their own age requirements for handgun possession.
While Congress will soon consider legislation to close the part of the private seller loophole that lets them sell guns without background checks, the handgun age restriction loophole has so far not been specifically addressed or even much noticed. “I’m shocked that the media hasn’t jumped on this,” Chipman told Salon.
But the Internet is way ahead of Washington (and the media) and can helpfully explain this nuance in the gun laws to anyone looking for answers. “How should I go about buying a pistol? I’m 18 years old?” one user asked on Yahoo’s question forum. There are plenty of informed responses: “You cannot buy from a dealer if you are under 21. You can buy from a private sale in many states, but not all states,” one read.
Another: “To be honest your best bet is to place a WTB [want to buy] classified, make sure you are up front about your age because lots of Face to Face sellers won’t sell to someone under 21.” A third: “Basically you have to put an ad in your paper saying you would like to purchase one of these or pick it up at a gun show.”
A separate user wrote that he or she had “heard from a lot of virginia residents that you can buy a gun at 18 years old in virginia at a gun show without a license i also know a couple of people that have bought from gun shows.”
The topic has come up on numerous gun forums as well, where commenters can give sophisticated explanations of the dichotomy between licensed dealers and private sellers. “I hate when people don’t know that you can sell a handgun to a 19 year old in a private purchase,” one commenter complained. Another responded: “Unfortunately, it will be very hard to convince something is legal if they feel it is illegal … All you can do is print out 18 USC 922(x) and the ‘providing firearms to juveniles or minors’ statutes in your state.”
“It’s quite legal for a nonprofessional to sell it to the 18-to-20-year-old, and for the 18-to-20-year-old to buy it, even if the nonprofessional knows or suspects that the buyer is under 21,” wrote libertarian-leaning lawyer Eugene Volokh on his popular blog back in 2010. Volokh notes that while the 18-to-20-year-old “can’t have someone buy it specifically for him, since that would be conspiracy to make a false statement, given that the straw purchaser would have to falsely assert that the gun is for the straw purchaser himself,” he can buy it from a private seller. (Although, one 18-year-old in Pennsylvania found a state-specific loophole that let his father legally purchase a handgun for him.)
Laws vary from state to state and while some make it illegal for people under the age of 21 to purchase or possess a handgun at all, others go by federal law, which deals only with sales from gun dealers. An 18-to-20-year-old cannot, however, obtain a concealed carry license in any state, as they all set the threshold at 21.
The ATF’s Semonick explained that this loophole sometimes creates unexpected complications. For instance, if an 18-year-old brings their legally purchased handgun into a gun store for repairs, the licensed dealer is not allowed to return the gun, as that would violent federal law prohibiting the transfer of a handgun from a dealer to someone under 21-years-old.
“As a law enforcement professional, this was one of my concerns,” former ATF agent Chipman said. “It shouldn’t be easier to go buy three Glocks than to buy a case of Bud. But that’s the case.”
By: Alex Seitz-Wald, Salon, February 5, 2013
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