Government Relations Action Alert

Contact Your U.S. Senators to Push for Necessary Modifications to S. 2826/H.R. 4757, Our Lady of Peace Act of 2002

October 16, 2002

Issue at Hand

On October 15, 2002, the U.S House of Representatives passed H.R. 4757, the Our Lady of Peace Act, by a voice vote under a suspension of the rules, which is common House procedure but is usually reserved for noncontroversial legislation since no amendments are permitted and only 40 minutes of debate are allowed.

Senator Charles Schumer (D-NY) has also tried unsuccessfully to have the Our Lady of Peace Act, S. 2826, placed on the unanimous consent calendar, which is reserved for only those non-controversial bills that all Senators agree do not need to be debated at length by the full Senate.

NASW does not take issue with the overall intent of the legislation, which is to strengthen the National Instant Criminal Background Check System. Indeed, NASW supports the enactment of federal, state, and local laws designed to limit access to handguns and high-powered assault weapons. However, NASW is concerned that certain provisions of the Act as currently drafted, utilize outdated language­- thereby promoting continued stigmatization of those Americans experiencing mental illnesses or retardation.

Action Needed

Call, FAX, or email your U.S. Senators NOW urging them to make the necessary modifications in this legislation before they pass it.

All Senators may be reached through the U.S. Capitol Switchboard, 202-2243121, or via NASW's Congress Web, http://63.66.87.48/cweb4/index.cfm?orgcode=NASW.

If you are not sure who your Senator is, the Capitol Switchboard can determine which one by zip code. Once you've been connected to an office, be sure to ask to speak with the "Gun Control Legislative Assistant".

Script

Background

State and local government agencies have been required by federal statute since 1968 to report the names of persons "adjudicated as mentally defective" to the Federal Bureau of Investigation (FBI), which is responsible for conducting the National Instant Criminal Background Check System (NCIC) for people seeking to purchase firearms. However, most of these state and local agencies have never complied with this law.

The Our Lady of Peace Act (S. 2826/H.R.4757) would change this practice by providing incentive grants to state and local agencies to report these names. NASW is not opposed to the overall intent of the Act, which would strengthen the National Instant Criminal Background Check System (NCIC). Note that NASW supports the enactment and enforcement of federal, state, and local laws designed to limit access to handguns and high-powered assault weapons. However, NASW is concerned that certain provisions of the Act as currently drafted, utilize outdated language­ and wrongly promote continued stigmatization of those Americans experiencing mental illnesses or retardation.

The Act defines "adjudication as a mentally defective" in a sweeping manner, including all individuals who have ever been involuntarily committed to a psychiatric facility, without concern for the specifics of their illness or diagnosis, when the commitment occurred, or the reason for the commitment.   Furthermore, state and local government agencies would have to report to NCIC the name of anyone determined by a government agency, in a formal or informal manner, to be a danger to themselves due to mental illness.  State and local government agencies also would have to report people determined to lack the capacity to contract or manage their own affairs.  Additionally, the term "mentally defective" is outdated and unnecessarily perpetuates the stigma of mental illness.

NASW is also concerned that the Act does not contain adequate safeguards for the privacy of individuals whose names have been reported to the NCIC system.  The bill directs the Attorney General of the U.S. to work with States, local law enforcement and the mental health community to establish regulations and protocols for the protection of privacy, without specific parameters or guidelines to accomplish that goal.

NASW holds that the Act needs to be revised, with input from the mental health community, so that the need for gun control may be fairly balanced with the need to protect the privacy, among other rights, of those Americans experiencing mental illness.  Stigma should not be perpetuated in any environment, but especially not in that of the U.S. Congress.

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Sample letter:

Dear Senator ________________:

As a constituent, professional social worker, and one of the 140,000 members of the National Association of Social Workers, I respectfully request your opposition to the Our Lady of Peace Act (S. 2826) as currently drafted. Although I strongly support gun control and the general intent of the Act, the bill needs to be amended to delete the use of stigmatizing and inappropriate language such as "mental defective".  Furthermore, the Act inaccurately correlates mental retardation and institutionalization with the propensity for violent or criminal behavior. These provisions must be changed.

My concern stems from the definition within the Act of "adjudication as mentally defective".  The term is broadly defined to include all individuals who have ever been involuntarily committed to a psychiatric facility, without concern for the specifics of their illness or diagnosis, when the commitment occurred, or the reason for the commitment.

Furthermore, state and local government agencies would have to report to NCIC the name of anyone determined by a government agency, in either a formal or informal manner, to be a danger to themselves due to mental illness.  State and local government agencies also would have to report people determined to lack the capacity to contract or manage their own affairs.  Additionally, the term "mentally defective" is outdated and unnecessarily perpetuates the stigma of mental illness.

You can do your part to eradicate the stigma associated with mental illness or retardation- oppose The Our Lady of Peace Act of 2002 as currently drafted and support the passage of strengthening and clarifying amendments.

Thank you in advance for your consideration.

Sincerely yours,