NEWS

4/11/2024

MENTAL HEALTH AND FIREARMS. THE NATIONWIDE PROBLEM.

How does one who has a mental illness gain access or keep firearms? This is the question many of us have, including myself especially as of recently.

A friend of mine who has suffered with a mental illness for several years now was involved in a incident this past week, 4/8/2024 where he was shot by 2 Deputies here in Forsyth County. I have always has a strong support of Law Enforcement as my dad worked at FCSO, I worked at FCSO and still have many friends who work there. When I heard this call, I was worried for my FCSO Family. I then learned of the “suspects” name and it sent a chill through me as I knew this man.

Just the night before I had been part of a discussion on X-Spaces where we were discussing this very subject. Where is the problem? Who is dropping the ball? and many more questions. But when this happened, it hit me in a different way so I began researching. While the reasoning’s and the data go further in to detail, I will answer what the main question is and has been for years now…..HOW?

When a person goes to buy a firearm, you have to fill out a 4473 ATF Form. This form asks you questions from are you the actual buyer, do you intend on selling or giving the firearm to someone else, are you addicted to illegal drugs, and many more questions. IF you answer these truthfully and one is a dis qualifier, you cannot purchase that firearm.

The FFL aka: Gun Store Owner or Associate, will either call NICS or run your information through a NICS system and you will either receive a “Proceed”, “Delayed” or “Denied” status. On occasions, the NICS system is backed up or the person may have a name and date of birth or other demographics that are close to someone who IS prohibited so they have to use other identifiers to see if you are that person and then a decision is made.

During the NICS Check, 3 (THREE) things are checked.

1. NCIC (National Crime Information Center). This checks to see if you are probhibited CIVILY (50B aka: Restraining Order/Protection Order) or active Arrest Warrants.
2. III (Interstate Identification Index). This checks Criminal History Record AND
3. NICS Index. NICS Index checks information that is submitted by Federal and State Agencies identifying persons prohibited from possessing firearms whoe are not included in the top 2 checks above, such as persons with a prohibiting mental history or who are illegal or unlawful aliens.

On the Mental side of this check, unless you were adjudicated mentally defective, found not guilty by reason of insanity, or INVOLUNTARILY committed to a mental health institution, OR placed in legal guardianship status as an adult due to mental incapacitation, you are NOT disqualified.

Now, you are doing what I did. Scratching your head and saying “WHAT?”

In a nutshell, you can be diagnosed with a mental health disease even Schizophrenia and that is not a dis qualifier. EXAMPLE: John Doe has a mental issue, breakdown, whatever, and VOLUNTARILY goes to the hospital or even VOLUNTARILY commits themselves into a mental health facility and seeks medical attention regardless of what it is and gets the treatment and released with a “all good” report and there is no concern that Mr. Doe is a danger to himself or anyone else, he is free to own, purchase, possess a firearm just as anyone else can as along as they are not a felon. NOW, if Mr. Doe is made to go or an INVOLUNTARY Commitment paper is sought and approved, then the process is the same as above however, Mr. Doe can be entered into this database so when there is a NICS Check performed, it will kick it back and he is DENIED.

Another issue. The US Department of Justice in 2009 to 2014 awarded over $72 Million to state in NICS Act Record Improvement Program (NARIP). In 2015 they awarded another $25 Million for states to get in on this program. By December 2014 the number of records had gone from 234,628 to 3.7 Million records, a 1,509% increase in 10 years. This issue here is that not all states could use this program. They had to already be in a program called “Relief from Disabilities Programs” that allows individuals with a precluding mental health adjudication or commitment to have their right to purchase or receive a firearm restored. As of the middle of 2015, only 27 states had qualified. Other states did not qualify because they lacked the funding for the Web Portal, Infrastructure and/or Personnel to input this data into the system. Even some states that are able to input this data, have came into the pit of not having personnel to input the data or maintain the infrastructure so therefore, these records are not able to make it to the section that is checked with a NICS Background check is performed therefore, allowing someone who may would have fallen in this denial pool to be approved or PROCEEDED to buy a firearm.

HERE LIES THE PROBLEM. So in a nutshell, just because someone suffers from Schizophrenia, Bi-Polar Disorder, whatever, does not mean that they are prohibited from Purchasing, Owners, Possessing a Firearm. This subject can be discussed for days or maybe even months but the bottom line is yes, it is a problem that needs to be addressed. There were 4 Mass Shootings that were discussed in this article that I found this information from. The Virginia Tech Shooter in 2007, Aurora, Colorado in 2012, Sandy Hook Elem in 2012 and the Fort Hood Shooting in Texas in 2014. Out of these 4 mass shootings, only ONE could possibly have been prevented by a NICS Entry and that was Virginia Tech Shooting. So yes, there is a problem. But people also need to know where and why the failure occurs and it’s not with the Guns, It’s not with the NICS System, it’s with the Mental Health Reporting system that we have, or should I say, don’t have. So even my friend who was shot twice by 2 Deputies this past Monday, could legally own a firearm even though he suffers from a mental health issue. I wish him a speedy recovery and hope he gets the help he needs. In the meantime, do not judge someone because of a mental health issue, the failure is not necessarily with them.

3/24/24 – I will be doing a Youtube Live TODAY at 12pm Eastern Standard Time on this where I will dive into the search warrant for those who don’t want to read it or have questions and not clear on basically what he was being investigated for. Coincidentally, I was already going to be talking about how the FBI and possibly others, are now using Amazon’s AI Program known at “Rekognition”. What this means for us as gun owners and how this could affect us later down the road. You can click here to take you to the video.

3/23/24 – On March 19th, 2024, 53 year old Bryan Malinowski, Executive Director of Bill & Hillary Clinton National Airport, was shot during a Search Warrant Execution by the ATF. According to news releases, the warrant was served right at 0600 on Tuesday morning and initial reports were that Mr. Malinowski fired the first shots with one shot striking an ATF Agent. ATF Agents returned fire striking Mr. Malinowski in the head. He was reported to be on life support while organ procurement procedures were being made. He passed away on March 20th, 2024. The application for the search warrant, items seized and the request for the redacted version of the warrant was released on March 21st, 2024. Below are links to the entire search warrant. Be advised that the initial part of the search warrant is basically the ATF Agents employment history, training and experiences in obtaining search warrants and how his experience makes him qualified to ask for and receive the search warrant. Also be aware that some parts of this search warrant is very heavily redacted as this is still and active investigation even after the death of Mr. Malinowski. From what I can tell the redaction’s are that of the agents names, law enforcement agencies that are involved in the investigation or other firearm investigations as it relates to Mr. Malinowski, serial number of firearms used and located in or at crime scenes, recovered at the residence during the search warrant. This is normal in any case where an investigation is not closed and still ongoing. (I had to scan these documents separately due to the capability restrictions of my scanner so I apologise for the multiple file links.) Also, the clarity of the search warrant isn’t that great.

Search & Seizure Warrant

Application for Search Warrant First Set

Application for Search Warrant Second Set

Application for Search Warrant Final Set

Motion to Unseal Redacted Version of Search Warrant

3/11/24 – Pittsburgh Police are scaling back the number of patrol officers on duty especially overnight during the hours of 3am – 7am. Also, if the call is not a “Incident In-Progress”, the call will be handled by PHONE. This all comes after the “Defund the Police” movement. Certain news outlets and others are urging home and business owners to go buy guns and ammo. Like the old saying goes, “Be careful what you ask for because you might just get it.”

Read the article here. Pittsburgh Police not responding to calls.

Now the question is; how many major cities will follow suit? Looking for the above mentioned? Go check out my “Firearms & Ammo” link for some amazing deals. Also check my Youtube Channel for a video on this and more coming soon.