Assemblywoman Mosquera Bill to Prevent Gun Violence among Individuals with Mental Disorders Clears Assembly

I sponsored A-1181 to prevent individuals with an elevated risk of engaging in violence due to mental illness from harming themselves and others.

The vast majority of people who have a mental illness will never commit an act of violence, but multiple mass shootings, domestic violence homicides and
suicides in this country could have been prevented if people known to have serious mental health concerns did not have access to a firearm.

Bill A-1181 would expand the “duty to warn and protect” by requiring practitioners of psychology, psychiatry, medicine, nursing, clinical social work or marriage and family therapy who determine a patient to be a threat to report the patient to law enforcement. If law enforcement determines that the patient has access to a firearm and has the means of carrying out a communicated threat of serious physical violence. The courts can order the patient to surrender any firearms.

If these conditions are met, the following actions can occur:

  • arrange for the patient to be admitted voluntarily to a psychiatric unit of a general hospital, a short-term care facility, a special psychiatric hospital or a psychiatric facility.
  • initiate procedures for involuntary commitment to treatment of the patient to an outpatient treatment provider, a short-term care facility, a special psychiatric hospital or a psychiatric facility.
  • advise a local law enforcement authority of the patient’s threat and the identity of the intended victim;
  • warn the intended victim or, if the intend victim is a minor, his or her parent or guardian if the patient is a minor and threatens to commit suicide or bodily injury upon himself, warn his or her parent or guardian.