Brady Statute Data: Adjudicated Mental Defectives and Involuntary Mental Commitments

Abstract

Currently, Alaska law enforcement agencies do not obtain data on four noncriminal categories prohibited by the Brady Handgun Violence Prevention Act of 1993 from obtaining firearms. This, the first of four reports on these categories, describes how adjudicated mental defectives and involuntary mental commitments can be identified within an Alaska context and discusses possible procedures, problems, and solutions associated with data collection. The report discussed federal statutory definitions of the terms adjudicated as a mental defective, committed to a mental institution, and legal authority; compares these terms with those current in Alaska Statues and used by social service and mental health agencies in the state; and describes, in general, data held by federal, state, local, and private agencies in Alaska. At present, there is no clear or cost-effective way to create and maintain a database for either of the two categories with any accuracy: besides technical difficulties in getting different databases to "talk" to each other, records are not kept on mentally ill individuals, and even if they were, access would be prohibited in the face of federal and state laws regarding privacy.