https://www.nationalreview.com/2019/09/red-flag-laws-should-mandate-treatment-not-just-gun-confiscation/
To seriously tackle the problem of mass shootings, we must get serious about tackling the problem of severe mental illness.
In the wake of recent mass shootings by Americans alleged to be mentally ill, President Trump has called for a national red-flag law that would preclude certain mentally ill individuals from owning or buying firearms. It’s a good idea, but for the seriously mentally ill, red-flag laws should also trigger treatment, not just gun confiscation.
It makes no sense to let people who are known to be seriously mentally ill and believed to be dangerous go without treatment, even if they have had their weapons taken away. It’s not compassionate. And it can be dangerous.
Forty percent of the seriously mentally ill have anosognosia, meaning they are unaware they are ill. Because they are unaware they are ill, they sometimes refuse treatment. Many become homeless, arrested, incarcerated, and needlessly hospitalized. Some, responding to their delusions, resort to violence that doesn’t involve guns. All of these outcomes could be avoided if they received treatment.
The red-flag law previously proposed by Senator Dianne Feinstein (D., Calif.), the Extreme Risk Protection Order Act of 2019, which is now being taken up by Senators Richard Blumenthal (D., Conn.), Lindsey Graham (R., S.C.), Joe Manchin (D., W.V.), and others, should be amended to provide a path to treatment for those who are identified as being too mentally ill to own guns.
New York provides a roadmap for how to do this. In 2013, it passed the New York SAFE Act. Among other provisions, the law required therapists to report to the county mental-health director the names of mentally ill people under their care who they believe to be dangerous and to possess guns. It then charged the county mental-health director with investigating the therapists’ reports and, if appropriate, instructing law enforcement to seize the guns from the individuals in question and enter their names into the federal NICS database, which would preclude them from making gun purchases. It further allowed for an appeals process through which the mental-health director’s determination could be challenged.