Jindal’s proposed legislation would:
-- Authorize the state to confidentially share an individual’s eligibility to purchase a firearm based on his or her mental health records, such as those involuntarily committed to mental health facilities, and mandate that the State Supreme Court report eligibility to the NICS, in full compliance with the Health Insurance Portability and Accountability Act (HIPAA). The State Supreme Court will collect and transfer eligibility status to the NICS the same way criminal data is currently reported.
-- Define situations where mental health eligibility must be reported and when a person would be disqualified from purchasing a firearm. This determination will be made by a court. Criteria will include whether or not a person is deemed to be a danger to himself, herself or others as a result of mental illness; whether or not a person is deemed incapable of managing his or her own affairs; whether or not a person has been found not guilty by reason of insanity or other mental disease or defect in a criminal case; whether or not a person has been found guilty but insane in a criminal case; whether or not a person has been found incompetent to stand trial; and whether or a not person has been formally and involuntarily committed to a mental institution or asylum.
-- Define situations when the state may request to have an individual deemed competent by health care professionals removed from the NICS database.
The “relief from disabilities” provision will protect the rights of healthy, law-abiding citizens and allow Louisiana to utilize federal funding for NICS.
Similar laws exist in Alabama, Connecticut, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Nevada, New York, North Dakota, Oregon, Texas, Virginia and Wisconsin.
Jindal said passage of such legislation would enhance gun safety and mental health reporting standards in Louisiana.