Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! URGE Governor Scott to SIGN HB-1355

Wednesday, June 19, 2013

DATE:   June 19, 2013
TO:       USF & NRA Member and Friends
FROM:  Marion P. Hammer
             USF Executive Director
             NRA Past President

False information is being circulated about House Bill 1355 by people who do not have a clue
what the bill actually does or why it is needed.  Many gun owners are being deceived by reckless people who are sending out e-mail blasts attacking the bill as being anti-Second Amendment.  Unfortunately, some well-meaning folks have asked the Governor to veto HB-1355 based on misinformation.  The Governor needs to sign HB-1355

The truth is HB-1355 is very limited.  It does NOT cover people who voluntarily go to private counseling for help.  It does NOT cover people who voluntarily go to a doctor for help.  It does NOT cover people who voluntarily go to a public clinic for help. 

It ONLY applies to people with mental illnesses who are already in a mental health facility under a Baker Act petition AND who have subsequently been diagnosed as being an imminent danger to self or others.

The bill has two triggers:  the Baker Act commitment and the diagnosis of being an imminent danger to self or others. The bill has no effect on anyone else.

Currently, people being held in a mental health facility under a Baker Act Commitment and who are subsequently determined to be a danger to themselves or others, may voluntarily agree to be committed for treatment to avoid going to court.

If they don’t voluntarily agree to treatment, a petition is then filed for a court hearing for involuntary commitment.  When a court orders a commitment, the person's name is entered into the National Instant Check System (NICS) database of people who are prohibited from purchasing firearms.  If they voluntarily agree to commitment their names are NOT entered in to the database.

The problem is that some of these dangerous people with mental illnesses, who are known to be a danger to self or others, immediately revoke their voluntary agreement as soon as they reach the treatment facility.  They must then be released within 24 hours.  They do it repeatedly.  The system has become like a revolving door and is failing.  People with mental illnesses, who are KNOWN to be a danger to self or others, are not being stopped from purchasing firearms.

Under HB-1355, people in this category may still agree to voluntary commitment for treatment, but they would be informed (and must sign a statement acknowledging that they have been informed) that because they are deemed to be dangerous, their names will be entered into the NICS database until they have had treatment and are no longer considered a danger to themselves or others and may apply to have their names removed from the database.  The process for removing a name from the database is exactly the same as already prescribed in law for those who have been involuntarily committed for treatment.

If the person disagrees or feels strongly about not giving up his gun rights, the person can refuse voluntary commitment and a petition for involuntary commitment would move ahead through the full court process, in which the person has the opportunity to fight it in court.

When the NRA was asked by the Judge who chairs the Florida Supreme Court Task Force on Mental Illness (Judge Steve Leifman) and by Representative Barbara Watson to help solve the problem of constructing language to give the maximum protection to the rights of dangerous people with mental illnesses, we agreed to try.

The NRA worked with the Judge, bill sponsors, Florida Department of Law Enforcement (FDLE), Federal Bureau of Investigation (FBI) and legislative staff in the House and Senate to protect gun rights as well as find a way to help keep dangerous people with mental illnesses from being able to purchase firearms.  That's what this bill does.

Right now, the head of an organization based in Colorado, who has not been involved in the legislative process here in Florida, who has not worked with the Judges or bill sponsors, or FDLE or the FBI, who has not been in Florida for committee hearings or meeting with legislators and who appears to be deliberately misrepresenting the effect of the bill and existing law  –  has been sending out erroneous, inflammatory information in the form of e-mail blasts encouraging people to ask the Governor to veto this bill. 

They are essentially telling the Governor and gun owners all over the country that they think it's OK for dangerous people with mental illness to be able to purchase guns.  That is irresponsible.  Unfortunately, some folks have taken those false e-mails at face value, and asked the Governor to veto the bill based on erroneous information. 

The NRA and Unified Sportsmen of Florida support the bill.  We worked hard to protect the rights of the mentally ill as well as the rights of those who might fall victim to dangerous people with mental illnesses.   All too often the perpetrators of mass tragedies who used guns were known to have mental illness, but nobody did anything.  We believe that lives can be saved by keeping dangerous people with mental illnesses from being able to purchase guns.

Please e-mail Governor Scott right away and urge him to sign HB-1355

 

IN THE SUBJECT LINE PUT:  PLEASE SIGN HB-1355

[email protected]

 

PLEASE E-MAIL GOVERNOR SCOTT TODAY

IN THIS ARTICLE
Florida mental health
TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.