Does Mental Health Data get reported to the background check system?

A:

Not in Vermont. Right now, if someone is found not guilty of a crime by reason of insanity, this information is not reported to the NICS system. So, the next day that person would be able to go out and buy a gun from the nearest gun shop, since they could pass the background check. Similarly if someone is involuntarily committed, the record of that event is not shared either. These types of events are already considered public information (and don't fall under HIPPA regulations), but information like this is not currently being reported.

Furthermore, the federal government cannot mandate that state agencies report information to the national background check system – based on a Supreme Court ruling from the 1990’s, this mandate must come from the state legislature.


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