Kevin Bryant

Lieutenant Governor of South Carolina

Lieutenant Governor of South Carolina

 

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h.3560 limits gun possession to mentally ill

April 30, 2013 by Kevin Bryant

gunh.3560 is legislation that adds persons deemed mentally ill to the list of individuals not allowed to own or purchase a gun. We would probably all agree that an armed severe mental illness patient would be a threat to public safety. However, the bill is inartfully drawn. It contains this language:

Adjudicated as a mental defective’ means a determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease

A court, board, commission, or other lawful authority is a huge loophole. So far, our efforts to only allow a court to adjudicate have been defeated. I’m still skeptical of h.3560, however, limiting the adjudications to only courts, would help most of my heartburn.

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