Bill to keep guns from mentally unstable
By Sarah LaVoie
Daily Forty-Niner
The California State Assembly voted Sept.
8 to approve a bill that would prohibit a suicidal or homicidal person
from owning a firearm.
The bill, AB 1587, authored by Assemblyman
Jack Scott, D-Pasadena, chairman of the Select Committee on Gun Violence,
addresses concerns raised by the Sacramento Superior Court about similar
legislation passed eight years ago, which prevented individuals deemed
dangerous to themselves or others from owning a firearm for five years.
AB 1587 adds new provisions to the 1991
measure that was defeated in court on questions of its limiting due process.
According to Paul Donahue, Scott's chief
consultant, the change affords individuals the right to a hearing determining
whether they are capable of owning a firearm in a safe and lawful manner.
The measure also requires a psychiatric
institution to notify the Department of Justice when an individual is brought
in under California Welfare and Institutions Code section 5150, the law
allowing the state to place someone under protective custody for 72 hours
for psychiatric evaluation.
This should allow the law to be operable
and presumably enforceable, said Donahue.
"People that have been clinically diagnosed
as a danger to themselves or to other people, meaningfully, won't be able
to own firearms," Donahue said.
Campus reactions to the bill are mixed.
"It's a good law, but it could be ambiguous,
too," said Gary Frazer, retired law enforcement officer, public health
and safety administrator, and currently a guest lecturer at CSULB.
Computer Ethics Professor Dennis Rice agrees.
"It could be difficult to implement and enforce," Rice said.
Crystal Buack, a junior finance major,
supports the measure. "If they can't control themselves, how can they control
a gun?" she asked.
"What's the purpose of owning a gun anyway,
to shoot and kill someone, right?" says Daniel Taddesse, a senior finance
major, who also supports the new bill.
When an individual is brought in under
Section 5150, in order to admit someone for the mandatory 72-hour hold,
a clinical evaluation is required.
"Someone can't just say they think that
another person is crazy and have them put on a hold, it has to be clinically
determined," said Donahue.
University Police Det. Scott Brown said
he is prepared to enforce the new bill, although University policy currently
prohibits anyone other than a working police officer from bringing a firearm
on campus at any time.
"If that's what the state Legislature wants,
I will support that,î Brown said. "I don't make the laws, I just enforce
them." |