Among President Barack Obama's executive actions on gun control Wednesday was a pledge to address “unnecessary legal barriers” in health care privacy laws that he said may be preventing states from reporting people with mental illnesses to a federal background check database.
Under federal law, people with significant mental illnesses can't own guns, according to attorney Lindsay Nichols.
"Those include individuals who’ve been committed to a mental hospital. It also includes individuals who’ve been determined by a court to be a danger to themselves or others," said public interest lawyer Lindsay Nichols.
But, she said, this database is incomplete. The Government Accountability Office reported in July that the database has 1.2 million records in it, well short of the approximately 3 million it should contain.
That, Nichols said, is because many states choose not to share some or all of their records with the federal government. Some states cite the Health Insurance Portability and Accountability Act—HIPAA—or other privacy laws for their reasoning.
But Nichols said that's an excuse. States that don't share records are led by politicians who oppose gun control.
California shares more mental health records with the federal government than any other state, accounting for about a quarter of the database. The state also has its own laws about who should be excluded from owning a gun due to mental illness.
“Our laws are more restrictive in California," said Charles Dempsey, a detective with the Los Angeles Police Department's mental evaluation unit.
His officers respond to calls about mental health crises. In many cases, the person in question is put on a 72-hour involuntary mental health hold.
“The city averages approximately 600 mental health holds a month," Dempsey said. "Every time there’s a mental health hold and the person’s accepted by the hospital, that paperwork is [sent] to the Department of Justice.”
And that’s enough to be restricted from buying a gun in California. The state sends those names to the federal database.
President Obama is hoping more states will follow California’s model. On Wednesday, he suggested giving states additional financial incentives to share the information.