A background check is performed when anyone goes to buy a firearm in New Hampshire, but it remains unclear how much – if any – mental health information is shared during the process.Questions have been raised after a man who had previously been a patient at New Hampshire Hospital opened fire at the facility earlier this month, killing a security guard.News 9 has been asking about the process of reporting mental health information but has not been getting many clear answers.It’s not clear if any mental health information is reported, and there are no state guidelines about what can be reported or who should be the one doing the reporting.When someone goes to buy a gun, the dealer is required to run a background check through the National Instant Criminal Background Check System database.One of the questions a gun purchaser has to answer is whether they have ever been “adjudicated as a mental defective,” or have ever been committed to a mental institution. But it’s unclear what information is then available to the person doing the background check.A New Hampshire statute passed in 2016 was supposed to make clearer what could be reported. But there was a dispute over that statute, and former county prosecutor Patricia LaFrance said there is now no law on the books with regard to any type of mental health reporting into the background check system.”It’s such a polarizing issue that it’s really difficult to enact any type of legislation that would basically put down in writing who gets reported, who can be prohibited from buying or possessing a firearm,” LaFrance said.The Department of Health and Human Services said the law prevents it from sharing the protected health information of individuals served by the department. That concerns some lawmakers.”We don’t require that any information about someone’s mental health status is shared at all,” said state Sen. Debra Altschiller, D-Stratham. “That is not where we are in any conversation about gun violence prevention, and we need to be in that conversation.”The Department of Safety, which oversees the state’s background check process, said its staff “reviews the records for all state and federal disqualifiers in order to make a determination on the eligibility of the purchaser.”But that statement still doesn’t explain whether those employees have access to any information from mental health facilities or probate courts pertaining to mental health.NICS encourages states to identify people who shouldn’t have a gun. As of last January, there have been 683 entries for people in New Hampshire who have been identified as people who shouldn’t own a firearm, but it’s unclear who reported those people.
A background check is performed when anyone goes to buy a firearm in New Hampshire, but it remains unclear how much – if any – mental health information is shared during the process.
Questions have been raised after a man who had previously been a patient at New Hampshire Hospital opened fire at the facility earlier this month, killing a security guard.
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News 9 has been asking about the process of reporting mental health information but has not been getting many clear answers.
It’s not clear if any mental health information is reported, and there are no state guidelines about what can be reported or who should be the one doing the reporting.
When someone goes to buy a gun, the dealer is required to run a background check through the National Instant Criminal Background Check System database.
One of the questions a gun purchaser has to answer is whether they have ever been “adjudicated as a mental defective,” or have ever been committed to a mental institution. But it’s unclear what information is then available to the person doing the background check.
A New Hampshire statute passed in 2016 was supposed to make clearer what could be reported. But there was a dispute over that statute, and former county prosecutor Patricia LaFrance said there is now no law on the books with regard to any type of mental health reporting into the background check system.
“It’s such a polarizing issue that it’s really difficult to enact any type of legislation that would basically put down in writing who gets reported, who can be prohibited from buying or possessing a firearm,” LaFrance said.
The Department of Health and Human Services said the law prevents it from sharing the protected health information of individuals served by the department. That concerns some lawmakers.
“We don’t require that any information about someone’s mental health status is shared at all,” said state Sen. Debra Altschiller, D-Stratham. “That is not where we are in any conversation about gun violence prevention, and we need to be in that conversation.”
The Department of Safety, which oversees the state’s background check process, said its staff “reviews the records for all state and federal disqualifiers in order to make a determination on the eligibility of the purchaser.”
But that statement still doesn’t explain whether those employees have access to any information from mental health facilities or probate courts pertaining to mental health.
NICS encourages states to identify people who shouldn’t have a gun. As of last January, there have been 683 entries for people in New Hampshire who have been identified as people who shouldn’t own a firearm, but it’s unclear who reported those people.