Elise Balin
Wyoming state lawmakers ruled against a bill which wanted to prevent people with documented mental illnesses from buying firearms.
The bill that was opposed by a 9-5 vote would have required the state to report mental illness adjudications to firearm dealers via the National Instant Criminal Background Check System (NICS) database. While thirty-five states follow laws, which require mental health reports to be filed with NICS, Wyoming is not one of them.
The current legislation says, “To possess a firearm that is manufactured commercially or privately in Wyoming that remains within the borders of Wyoming, a person shall not currently be adjudicated to be legally incompetent; and not have been committed to a mental institution.”
“According to the National Shooting Sports Foundation, Wyoming is currently last in the nation in terms of the number of disqualifying mental health records submitted per capita. To date, authorities in Wyoming have provided such records 13 times.” The Casper Star Tribune reported.
When an individual goes about purchasing a firearm from a Federal Firearms License holder, a 4473 form must be submitted to NICS. On this form, specific questions are asked about felony convictions, drug use and mental health.
The form is then submitted to the NICS, but there is no way to confirm the individual’s response to this question. All felony convictions will show up on the background check, but mental health information does not.
“Our dealers believe that the National Instant Background Check system must work…our dealers deserve to know, when they run that background check, if we are intentionally leaving data out of that system and leaving our dealers in peril,” said Nephi Cole with the National Shooting Sports Foundation during public comment at a committee meeting on Aug. 16.
However, some gun rights supporters believe that this law could be a red flag and the beginning of the government seizing guns from citizens.
“This bill would have created a procedure where someone could lose their gun rights simply by reaching out for counseling,” said State Representative Chuck Gray in a statement to the Star Tribune. “This bill would have not only compromised our personal liberty, it would have discouraged people from seeking professional help for their problems.”
Months prior to the voting on this bill, the Second Amendment group Wyoming Gun Owners began reaching out in order to gain support online with hopes of opposing the legislation. Many gun activists in the state voiced their opinions about this bill, which may have paid off.
