After every mass shooting, there is a chorus of “gun control now,” and the situation in Lewiston, Maine, is no exception. On Wednesday night, a mentally ill man killed 18 people and injured 13 with what appears to be an AR-15. My colleague Milt Harris is keeping tabs on the story here if you want details.
While everyone is screaming to ban “weapons of war” or whatever the ridiculous phrase du jour is, nobody is offering any kind of solution. We keep saying we need to “have real conversations about mental health,” but we never do. So if we’re not going to ban firearms or have a kumbaya drum circle for mental health, and if no one else is going to offer a solution, I will.
That’s right, yours truly has a policy idea that might move us in the right direction. Because I am going out on a limb here, I’ll go ahead and say that I welcome other ideas, influences, and perspectives. All I ask is that we keep the disagreements civil when we comment down below. Lastly, I use the word “firearm” to cover any weapon that relies on a firing pin, as well as ammunition with a percussion primer. With this definition, make, model, or capacity does not matter.
A Bill: Responsible Gun Ownership in America
Enacting requirements for gun ownership to protect a citizen’s right to keep and bear arms while also protecting the Fourth Amendment and reducing gun violence in America.
Title I: Prior to an Individual Purchase or Possession of a Firearm
Regardless of how the firearm is purchased, gifted, bequeathed, or obtained, the individual taking receipt of the firearm must present a written statement from a licensed mental health professional endorsing the requesting individual as mentally stable and competent enough to possess a firearm. The written statement must be issued no later than 30 calendar days from the date of request.
The licensed mental health professional may refuse to participate in evaluating or endorsing the requesting individual without reflecting negatively on the requesting individual. If the requesting individual commits any crime with a firearm, the license of the endorsing mental health professional will be suspended throughout the criminal investigation. If the requesting individual is found guilty of any crime with a firearm, then the endorsing mental health professional may lose their license permanently and may be subject to criminal charges.
Any business, entity, or individual supplying, selling, or providing firearms to a requesting individual without the appropriately time-stamped written endorsement from a licensed mental health professional will be liable in civil court for failure to abide by federal law. If the requesting individual commits any crime with the firearm and it is found that the business, entity, or individual that supplied, sold, or provided the firearm did not correctly document the written endorsement from a mental health professional no later than 30 calendar days from the date of request, then the business, entity, or individual may be subject to criminal charges.
Title II: Respecting and Leveraging the 4th Amendment
In the event an individual is deemed mentally unstable and/or incompetent to possess a firearm by a licensed health professional, then it will also be deemed reasonable to search any and all property of the individual by law enforcement for the sole purpose of identifying and seizing deadly weapons, to include firearms. The written diagnosis by a licensed mental health professional will be declared suitable for probable cause for a warrant to be issued.
Any searched property shall be left in the condition it was found, less the seized property. Any seized property will be considered custody of the State until the individual has been considered mentally stable and competent to possess a deadly weapon, including a firearm, for a minimum of 12 months. In order to regain possession of their firearm, the individual must present both the written endorsement of a licensed mental health provider, as well as court documentation that the individual was found not guilty of any crime committed with a firearm at any point in time.
If the individual is not endorsed by a licensed mental health professional to possess a firearm within 24 months of property seizure, the State will compensate the individual the current market price of the seized property, for which ownership of the property will be transferred to the State.
Title III: Involvement and Responsibility of Associated Parties
Regardless of relationship, if a firearm is used to commit any crime by any person, the registered owner of that firearm will be held criminally liable. Upon purchasing, receiving, or coming into possession by any means of a firearm, the registering owner will confirm both verbally and in writing that they, as the documented possessor of the gun, will be held liable for any and all activity involving the firearm, even if the crime was committed by someone other than the owner. This primary affirmation must be documented by the provider at the time of possession transfer.
Anyone connected to an individual who has been deemed mentally unstable and/or incompetent enough to possess a firearm and has had at least one firearm or deadly weapon seized by the State under Title II, including but not limited to family, friends, colleagues, roommates, associates, or acquaintances, must provide a secondary verbal and written affirmation that they will be held criminally liable for any crime committed by anyone involving the firearms for which they are registered owners. Falsifying or failing to abide by the agreement will result in charges of perjury in addition to criminal and/or civil liability. This secondary affirmation must be documented by eligible law enforcement.
So, there you have it: a proposed solution that does not ban guns or require government involvement in mental health care because it puts the onus on the individuals involved in the process and network.
I believe We the People are going to have to step up if we want to intervene in this process because Congress has shown us over and over and over again that it will do nothing but talk.
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