Gun Bill Brings Physicians into the Conversation
Date: 08-02-2013 [MMA News Now, Feb. 8, 2013] A bill introduced at the state Legislature Jan. 31 calls for law enforcement officials to ask physicians to determine whether a patient with a criminal past is mentally fit to acquire a firearm.
The bill (HF 240), introduced by Rep. Dan Schoen (DFL-Cottage Grove), a police officer and paramedic, was one of several gun bills discussed in public hearings at the Capitol Feb. 5-7. No amendments or votes were taken as part of these hearings. Rather, they were held to gather input from various constituencies and will likely be used to form an omnibus bill later this month.
According to Schoen’s bill: “When the applicant has had past police contacts that indicate dangerous or violent behavior, chemical dependency, serious mental illness, or a physical condition involving mental incompetence, the chief of police or sheriff, as a condition of granting the permit, may require that the applicant obtain a letter from a state licensed primary care physician or state certified mental health professional, or both, affirming that, in the person's professional opinion, the applicant is not seriously mentally ill or chemically dependent, and does not have a physical condition involving mental incompetence such that the person would be likely to be violent or a danger to self or others.” “I would have a very hard time writing such a letter,” Dave Thorson, M.D., MMA board chair, told Minnesota Public Radio. “There is no scientific evidence that says we have the ability to predict the future regarding a patient’s mental health.”
Thorson also said the bill would jeopardize the sanctity of the patient-physician relationship.
The MMA has shared its concerns with the bill’s authors.
“Mental illness does not cause violence,” testified Patricia Stark, a Minneapolis-based psychologist. She and others expressed their concern on how lawmakers are classifying the mentally ill and that the link between mental illness and violence is unjustified.
Sue Abderholden, executive director of the Minnesota chapter of National Alliance on Mental Illness, noted that the accused in the nation’s most recent multiple homicides had had no previous contact with law enforcement and therefore would not have been stopped by Schoen’s proposed legislation.
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Comments (3)

Elizabeth Brackett
3 months ago
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If I do Know of bad behavior
If the person is asking for a gun permit, I would assume they WANT a statement from the physician so HIPPA will not be a problem. I think I would be able to write a letter. The letter cannot be a prediction - but is similar to the diabetes letters for driving priveleges - If I DO know something I put it in. Such as Folstein score. Such as knowing they were admitted for detox. I would put in I have know the patient for x amount of time, so one urgent care visit has not much weight.
We do want to tell the legislators that we can only say " to the best of my knowledge there is no mental illness" and that no one can predict future mental illness.
One idea discussed last session was to have a way for a patient with a history of thought disorder either Depression or Schizophrenic to be able with their Psychiatrist to VOLUNTARILY ask to go on the prohibited list, some patients when medicated know that they have the possibliity of losing control when off meds.
Dr Brackett
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Dan Hauser
3 months ago
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Thanks
Thanks for the comment, Dr. Moy.
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