Many blanched when Cuomo said: People who have mental health issues should not have guns

From Kaiser Health News (story affilated with Stateline, Pew Charitable Trusts)

http://www.kaiserhealthnews.org/Stories/2013/March/21/stateline-states-mental-illness-gun-ownership.aspx

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"People who have mental health issues should not have guns," Cuomo said upon passage of the bill in January. "They could hurt themselves. They could hurt other people."

Many blanched at Cuomo’s comments even as states across the country struggle to achieve a balance between public safety and the rights of the mentally ill on this issue. To many, Cuomo seemed to suggest that anyone with a mental illness -- a broad swath that includes depression, eating disorders, personality disorders and schizophrenia -- is dangerous even though studies have shown that those with mental illness are only slightly more likely to commit acts of violence than anyone else. Research shows that they are more likely to be victims of violence.

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Other consequences

Mental health providers and patient advocates say that whether the New York law actually makes the state any safer, it will further stigmatize the mentally ill, weaken doctor-patient confidentiality and undermine the judgment of mental health providers.

Worse, they fear that this law and similar measures around the country could cause some who suffer from mental illness to withhold essential information from their providers or avoid treatment altogether for fear of being reported to the government. And it’s lack of treatment that increases the possibility of violence, they say.

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"Fooling ourselves"
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"To the extent that we believe we are making ourselves vastly safer, I think we are fooling ourselves," said Paul Appelbaum, director of the Division of Law, Ethics, and Psychiatry at the Columbia University College of Physicians & Surgeons.

"The general concern that I have is that in the wake of horrific events like Virginia Tech and Newtown," Appelbaum said, "there's been a concerted effort by the NRA to distract attention from questions of the availability of guns and particularly those with high capacity, and instead to point the finger at the mentally ill because it’s always easier to do that."

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Dangerousness debate
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But the standard states use for commitment -- dangerousness -- is considered by many to be suspect. "Our ability for predicting future behavior, violence and suicidality, is highly imperfect," Columbia's Appelbaum said.

"I understand the desire that is voiced so widely now for someone to figure out who’s going to commit acts of violence and to do something to prevent them," he said. "But the fact is any strategy that relies on the identification of dangerous people as opposed to restricting access to the means of violence is both inherently flawed and not likely to be successful."

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Others, such as Joshua Sharfstein, Maryland secretary of Health and Mental Hygiene, insist that it is possible to balance public safety and the rights of the mentally ill. Maryland Gov. Martin O’Malley has proposed a package of gun control legislation, including a measure that would deprive gun ownership from those who have been committed for any amount of time. The law now says only after a commitment of 30 days or more.

"I think we're trying to help the legislature craft a law that focuses on the area of greatest risk without going overboard by creating real disincentives to seeking care," Sharfstein said.

Which is exactly what critics say the New York law will do.

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