Congressional Record—House H170
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H170 CONGRESSIONAL RECORD — HOUSE January 7, 2016 such individuals are not able to purchase a mitted to a mental institution by a court or More than 4 times the rate at which prohib- firearm from a licensed gun dealer. other lawful authority. This expressly excludes ited gun buyers try to buy guns in stores. To date, background checks have prevented voluntary commitment. Approximately 25,000 guns are in illegal over two million guns from falling into the It should be noted, however, that federal law hands. wrong hands. currently allows states to establish procedures Mr. Speaker, I yield back the balance The Administration’s two new executive ac- for mentally ill individuals to restore their right of my time. tions will help ensure that better and more reli- to possess and purchase firearms (many f able information makes its way into the back- states have done so at the behest of the Na- ground check system. AUTONOMY VERSUS RELATIONAL tional Rifle Association, with questionable re- RESPONSIBILITY The Administration, however, has acknowl- sults). edged the need for collective action and con- It is undoubtedly true that people who are a The SPEAKER pro tempore. Under tinues to call upon Members of Congress to danger to self and/or others because of men- the Speaker’s announced policy of Jan- pass common-sense gun safety legislation tal illness should be prohibited from owning uary 6, 2015, the Chair recognizes the and to expand funding to increase access to firearms. gentleman from Nebraska (Mr. FOR- mental health services. It is less clear, however, how to tailor new TENBERRY) for 30 minutes. I too call upon my colleagues to come to- policies to better protect the American public Mr. FORTENBERRY. Mr. Speaker, I gether and pass legislation that will help stop while at the same time avoiding the stig- was listening to a talk show one day the loss of innocent lives. matization of Americans with mental illness. when a 13-year-old girl called in. She While we have made some progress in Any strategy to address the lethal intersec- was confused. At that tender age, to strengthening the National Instant Criminal tion between guns and mental illness should put it mildly, she talked about how she Background Check System (NICS), which is focus of the key facts: had been walked all over by her peers used to run background checks on those who On average, more than 100,000 people in and subjected to the exploitation of an buy guns from federally licensed gun dealers America are shot in murders, assaults, and older man. She had no sufficient sense to make sure they are not prohibited by law other crimes. of self-possession to know that she had from owning a firearm, we must do more. More than 32,000 people die from gun vio- been used. She had no community sup- I am a strong supporter of a right of privacy port, no adult around her to protect and I am particularly sensitive and protective lence annually, including 2,677 children under the age of eighteen years old. her. of patient privacy rights. The radio commentator was aghast. I support the Health Insurance Portability Suicide is the leading cause of gun related But, sadly, Mr. Speaker, this was an- and Accountability Act that was passed by deaths in America. other troubling example of a culture of Congress in 1996, and includes privacy pro- 60 percent of deaths by guns in America exploitation that is raging all around tection for medical records, which includes are the result of individuals using these weap- us today. mental healthcare information. ons as a means to commit suicide. However, Mr. Speaker, there is a bit However, there are specific areas under Some of these deaths might have been pre- of light on the horizon. In a few weeks, federal law that allow the disclosure of medical vented if there were adequate background tens of thousands of young people from information to authorities, and in these in- checks. around the country will assemble stances there should be an agreement that Each year hundreds of law enforcement offi- around this Capitol to deliver a simple when a person poses a threat to themselves cers lose their lives to gun violence been shot message. or others (as determined by a court or adju- to death protecting their communities. These young people are saying this: dicative authority with the medical and legal Millions of guns are sold every year in ‘‘no They will no longer tolerate the indif- knowledge and authority to make a determina- questions asked’’ transactions and experts es- ference. They will no longer tolerate a tion that a person poses a threat to them- timate that 40 percent of guns now sold in culture of exploitation. They will no selves or to others) should not be allowed to America are done so without a background longer tolerate the darkness of the purchase a fire arm. check. Technology that could be deployed to ac- National Instant Criminal Background Check abortion industry. cess court records and arrest records as they System (NICS) was created in 1998 to require They are members of the generation relate to mental health and violent behavior potential gun buyers to pass an instant that have witnessed firsthand the dev- should not rely upon a list that may become screening at the point of purchase. astating consequences when wrong outdated or could be used in ways that are not Ensures that purchasers are not felons, do- ideas take hold in a society, when the consistent with the intent of enhancing gun mestic abusers, mentally ill, etc. smartest people in the land—the Su- safety. NICS has blocked sales to more than 2 mil- preme Court Justices—are misguided The ability to access information that is ac- lion prohibited people. and do not value all lives, when certain curate and available for the limited purpose of NICS stops 170 felons and 53 domestic industries profit from pain. affirming or rejecting a request to purchase a abusers from purchasing guns every day. These young people are saying that firearm without indicating the source of the de- The most serious issue facing NICS is the women deserve better than abortion. cision or the reason for the rejection would still ‘‘private sale loophole’’. They are saying that children should protect privacy rights while also protecting the This allows anyone who is not a federally- be welcome, no matter how hard the public. licensed dealer to sell guns without a back- circumstances. They are saying that no The president’s proposal on mental health ground checks. one should be abandoned. There should and gun violence is to enforce the laws al- An estimated 40% of gun transfers—6.6 mil- be no choice between a child and that ready in place. lion transfers—are conducted without a back- child’s mother. Under a federal law enacted in 1968, an in- ground check. Mr. Speaker, it is understandable dividual is prohibited from buying or pos- Armslist.com is the largest online seller of that many people are reluctant to sessing firearms for life if he/she has been firearms. enter into arguments about abortion. ‘‘adjudicated as a mental defective’’ or ‘‘com- 66,000 gun ads are posted by private sell- It is difficult. It is painful. So many mitted to a mental institution.’’ ers on a given day, 750,000 per year. people have experienced this individ- A person is ‘‘adjudicated as a mental defec- Nearly 1/3rd of gun ads on Armslist.com are ually or with family members. But we tive’’ if a court—or other entity having legal au- posted by high-volume unlicensed sellers have to be honest. thority to make adjudications—has made a de- (approx. 4,218 people). Mr. Speaker, if you look behind me termination that an individual, as a result of High-volume sellers posted 29% of the gun at the dais here, you can see the words mental illness: 1) Is a danger to himself or to ads. ‘‘peace,’’ ‘‘liberty,’’ and ‘‘justice.’’ We others; 2) Lacks the mental capacity to con- High-volume sellers posted 36,069 gun ads have these words all around our Na- tract or manage his own affairs; 3) Is found in- over 2 months. tion’s capital, our Nation’s monu- sane by a court in a criminal case, or incom- This would equate to around 243,800 guns ments. petent to stand trial, or not guilty by reason of each year by unlicensed sellers. But, in truth, we cannot find peace in lack of mental responsibility pursuant to the 50% were familiar with federal laws but de- a society that does not protect its most Uniform Code of Military Justice. cided they didn’t apply to them. innocent lives. We cannot find liberty A person is ‘‘committed to a mental institu- 1/3rd of ‘‘want-to-buy’’ ads are posted by when we are indifferent to one another tion’’ if that person has been involuntarily com- people with a criminal record. and simply turn away when a woman VerDate Sep 11 2014 04:26 Jan 08, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4636 Sfmt 0634 E:\CR\FM\A07JA7.054 H07JAPT1 smartinez on DSK4TPTVN1PROD with HOUSE January 7, 2016 CONGRESSIONAL RECORD — HOUSE H171 faces difficulty. We cannot claim jus- Pope Francis promoted universal mended him for that because he raised tice for all when we throw away the in- human values, the importance of soci- it in the State of the Union, as I recall, nocent unborn life.