State says mental heath check system ready to go

SPRINGFIELD -- State agencies argue a newly expanded system to crosscheck mental health records against gun card applications will be up and running by its deadline today, but mental health providers disagree.

A set of new laws, intended to ensure those with potentially dangerous mental illnesses don't end up with guns, requires that any treatment facility -- not just public or in-patient mental health providers -- report if a person should be disqualified from owning a firearm.

"It's something we've already had in place, it's just adding an additional element," said Illinois State Police Sgt. Luis Gutierrez. "That system has been working for us. It just now requires more institutions to report to us than before."

Yet, the mental health community isn't as confident such a broad base of background checks will realistically be ready on time.

"Of course it won't," said Dan Stasi, executive director of the Illinois Mental Health Counselors Association. "I think it's a long way from being a finished product. A real good concept, just the nuts and bolts to make it happen don't seem to be there."

Stasi added that poor communication with the Illinois Department of Human Services, which runs the Web-based system, leaves mental health providers in the dark.

"People have no way to know how to report come next week because the state hasn't told them how to do it," Stasi said, "or who to report to, or what form you're supposed to use."

But the state human services department said the expansion has been successfully tested and some hospitals are already using it. Answers for mental health providers can be found on the program's Web site, said department spokesman Tom Green.

"The institutions and clinicians can register for the system. Once approved, they can input data and download files," Green said. "The Web-based application will enhance our ability to collect and use that information under the new law."

However, the mental health community's uncertainty also leaves another question unanswered -- whether these new requirements would have been able to stop the Northern Illinois University gunman from legally buying weapons. The new laws were created in response to last year's Virginia Tech tragedy.

"Our hope is that cases like that would be prevented," said state Sen. John Millner, a Carol Stream Republican and former Elmhurst police chief who pushed for the legislation. "It makes sure it puts notice on those mental health providers, those people who are truly dangerous to themselves or others. They can't ignore it."

The gunman who shot and killed five students in an NIU lecture hall Feb. 14, had applied for his gun permit in December 2006.

It's now known the 27-year-old had spent time in a private mental health facility as a teen, but no red flags were raised on his gun card application or background check. That's because state gun restrictions pertain only to those who've undergone mental illness treatments within the previous five years.

It's unknown if he'd had any other treatment closer to the date of the shooting.

State Sen. Dan Kotowski, a Park Ridge Democrat who also sponsored the change to expand background checks, said although mental health providers might initially find it daunting to gather more information, the process will be more timely and efficient.

"The education's out there, and I think the will is definitely out there," Kotowski said. "This doesn't release anybody's private information, it just makes sure that the people who are considered a danger are on the list of prohibited gun buyers."

Additionally, the state is required to share its list of prohibited gun buyers to the national instant check system in order to halt purchases in other states.

Before today, only public hospitals had to disclose such patients within a month of admittance. Now all private and outpatient care centers must submit information within seven days of spotting behavior that would disqualify someone from owning a gun. That behavior coincides with a new definition of "mentally ill" -- someone who is dangerous to themselves or others and shows violent, suicidal, threatening or assaulting behavior.

But, will we ever know if the NIU gunman had acted dangerously enough beforehand to trigger the broader reporting requirement, had it been in effect? "It's better to have these precautions in place when people who have a history of mental illness have been able to access exceedingly dangerous forms of weaponry," Kotowski said. "We're not asking 'what if.'"