Submitted by Charlton Stanley, guest blogger
(Otteray Scribe)
What is mental illness? It’s a hot topic in the news recently, because of proposed gun control legislation. I saw a photo yesterday of people holding up a huge sign saying, “Keep guns out of the hands of mentally ill.”
There is far more to the demonization of the mentally ill than just the firearms issue. It spills over into the Federal Aviation Administration and the Department of Transportation. It is not just guns; it is airplanes and trucks as well. This brings us to the core question of, “What is mental illness?” The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) is the current handbook for classifying mental disorders. DSM-V is in the final stages of development and will be published in May 2013. That is only next month.
Which brings us back to the original question of what exactly is mental illness? In New York, a man’s home was raided, his Concealed Carry Permit revoked and guns confiscated because someone told the police he was taking an anti-anxiety medication. I have received emails in the past week from several friends about this issue. One of them is a vet, M→F transgendered. She is concerned about being able to renew her own Concealed Carry Permit (CCP). As a veteran and avid target-shooting hobbyist, she is well trained in gun safety and use. As a transgender woman, she is a target and prey according to FBI statistics. Hate crimes against LGBT people are at a 14-year high.
According to the DSM-IV-TR, “Gender Identity Disorder” is one of the mental illnesses. In the DSM-V, it is renamed “Gender Dysphoria.” While claiming it is not a mental illness, the fact that Gender Dysphoria is in the DSM-V in the first place makes it suspect in the eyes of many. Two days ago, she sent this excerpt from a local outlet:
The enforcement action started on March 29th when New York State Police asked the Erie County Clerk’s Office to pursue revoking the man’s pistol permit because he owned guns in violation of the mental health provision of New York’s newly enacted guns law called the SAFE ACT.
The allegation turned out to be untrue and his guns returned to him. As it turned out, the police, sua sponte, initiated the action. The only lawyer involved in the matter was the man’s own attorney.
Erie County Clerk Chris Jacobs said, “When the State Police called to tell us they made a mistake and had the wrong person…it became clear that the State did not do their job here, and now we all look foolish.”
Flaws in the mental health reporting provisions of the NY SAFE Act were blamed for the misunderstanding. The county clerk added, “Until the mental health provisions are fixed, these mistakes will continue to happen” (source: WKBW-TV)
The bigger issue is how come taking an anxiolytic prescribed by one’s family doctor disqualifying? It would be interesting to know just how many of those raiding officers, and their supervisors, are taking medication for anxiety, depression or sleep.
Is mild anxiety a reason to stigmatize someone, and possibly violate his or her civil rights? It gets better. The FAA Medical Examiner will not allow psychiatric medications for any class of Medical Certificate. If a psychiatric medication, it is an automatic disqualification. Several non-psychiatric medications are disqualifying as well. When Tagamet (cimetidine) was first released to treat ulcers and hyperacidity, it disqualified one from holding an FAA Medical Certificate in order to fly. I first heard about that from a friend who was an Aviation Medical Examiner at the time. He told me the FAA put Tagamet on the list because, “It acts on the central nervous system.”
What is mental illness? Some say it is anything that is in the DSM. However, as I have pointed out in court many times, the DSM is a handbook put together by a committee. Everyone has heard the old joke about what a committee produces: “An elephant is a mouse designed by a committee.”
The new DSM-V will be expanding the definition of ADHD. The definition of PTSD is supposed to be clarified in the final definition. Homosexuality was removed from the DSM-IV. If it was a mental illness, the why was it removed? The answer to that is simple. It is not a mental illness.
Let’s look at posttraumatic stress disorder (PTSD) as a single example of a single disorder. PTSD is classified as an anxiety spectrum disorder. Symptoms include feeling anxious, vivid dreams or memories of a traumatic event, and avoidance of situations that might remind one of the traumatic event. Those are called “triggers.” Some claim that only combat veterans can suffer PTSD. That is nonsense. The original trauma can be anything causing one to fear for their own life or safety, or that of others. No one knows how many Americans suffer from PTSD, but the NIMH estimates 7.7 million adults have diagnosable PTSD. That is about 3.5% of the population. 22% of Vietnam veterans returned with PTSD. My personal impression is that number is too low by a significant margin. Many people with PTSD have never been diagnosed. Why? Because they are afraid to talk to a doctor or clinical social worker.
How many rights should be taken from all those citizens and veterans, simply because they have PTSD?
When some of the most prominent mental health experts in the world cannot agree what mental illness diagnoses are, how are lawmakers, judges and law enforcement officers supposed to know? Is being transgendered a mental illness? How about homosexuality—oops, never mind, they took that out of the DSM-IV. There are many people with bipolar disorder walking around and you will never know it, especially if they are taking their medication. Should a person with well-controlled bipolar disorder be allowed to drive an 18 wheel truck, fly a light airplane, or own firearms?
It is interesting that the FAA has created a new class of aircraft, call Light Sport Aircraft” or LSA, which do not require an FAA medical certificate to fly. A light sport pilot may fly with a valid and current driver’s license. Glider pilots can exercise the privilege without a medical certificate.
This brings us to driver’s licenses. If a person, who is taking Xanax or some mild anti-depressant is not allowed to own firearms or fly a Cessna 172, why can they drive? An average automobile or pickup truck weighs almost two tons. They drive on two-lane roads at 55 or 60 mph. That means on a two-lane road, they are passing within two to four feet of each other with a closing speed of about 120 mph.
Just what is mental illness, and where is that bright line drawn for different activities and privileges of ownership? Think about it. Your physician has to give you a formal diagnosis in order to write a prescription for any medication. Almost any Primary Care Physician, especially family doctors, will tell you that a large percentage of their patients are receiving medications for diagnosed psychiatric conditions. The most common are depression and anxiety, either situational or endogenous.
Alcohol, in my opinion, is much more dangerous than any antidepressant or anxiolytic on the market. Yet, alcohol is legal in most areas. The individual is responsible for keeping their alcohol level under the legal limit, without any government official monitoring them. The rule for pilots is, “eight hours from bottle to throttle.” In other words, if you intend to fly, there should be at least eight hours between the last drink and flying. My rule was always 24 hours just to be on the safe side. Alcohol is involved in far more assaults, shootings, auto crashes, and suicides than any psychiatric medication I know of. That is because alcohol is a disinhibitor.
It is unfortunate that Congress saw fit to suppress data collection on firearms violence back in 1996. I see many pronouncements on violence related to firearms, but without real science, those pronouncements are meaningless. Last January, President Obama lifted the 17-year drought on data gathering. Some members of Congress and the NRA are demanding that the data not be used to promote or advocate any position on violence. Fine. That is the way data should be gathered—content neutral. That honors the null hypothesis approach to research. However the results of the data fall, it should be accessible to other researchers. It must not be buried.
Legislation and administrative rules that limit rights are already having negative effects on people with mental health issues. They do not get treatment, or ask their doctor for advice. Sometimes they lie. Sometimes a patient will show up, insist on paying cash, register under a John Doe alias, give a vacant lot as an address and use 888-88-8888 for a Social Security number. Most people who need mental health medications or treatment refuse to seek help. If anyone thinks that is a good thing, they are not paying attention.
As my father used to say, “Anybody with one eye and half-sense could have seen that one coming.”
HIPAA is supposed to keep your records private, but they are accessible with a court order. Alternately, any agency issuing a license or certificate can insist on the applicant signing a HIPAA complaint medical release form. Sign the form or you do not get your license. One must always beware the Law of Unintended Consequences.
Here are a few tidbits to chew upon. Please discuss. Where is that bright line?
OS:
It really isnt a mountain thing, its an American thing. Dont tread on me is as relevant now as it was in 1776.
When you think about how most of our ancestors came from somewhere else at great peril and personal sacrifice seeking freedom, obstinacy and self-reliance are literally in our DNA.
Bob, Esq.
I don’t know, but now you have made me curious. Of course, Bron is correct in his observation. The reason I wrote that comment the way I did, is because this is the area I know best.
My question is, and always will be, ‘how do you plan to implement it.’ A few weeks ago, someone on Daily Kos was going on about how the government should just send agents from house to house. Never mind the Constitution. When I told him if i were in charge, I would appoint him to be the gun collector in our county. Send him back into the hills to tell the folks he was coming for their guns. Reality bites. He started screeching that I was threatening him with violence and trying to get him killed.
My question again is this, “how are you going to enforce it.” If those demanding action are not willing to put their bodies where their ideology is, then it is empty rhetoric.
The 18th Amendment sounded like a good idea at the time, too.
My agreeing with Bob isn’t unusual. We agree on a number of topics.
But when I agree with Bron? It’s time to check the thermostats in Hell.
Bob Esq:
and what is that something? Is it fear?
its
OS,
I concur with Bron’s comment: “I think it more far reaching than just your mountains.”
Lately I’ve taken keener notice of something in the liberal mindset that drives it toward relinquishing it’s destiny to the will of the state. I think it’s here that the conservative and liberal mindsets truly diverge.
I wonder if there are any articles written on this.
Juliet Lester Neary:
mostly gang bangers and kids on drugs are killing you. your response is typical of the hysteria of many anti-2nd amendment types.
I have my rifles and pistols stored properly and so do the people I know who own weapons. I had small children and taught them how to shoot, my son loves skeet and trap shooting, not so keen on rifle and pistol.
If you were really worried about human life instead of your political agenda you would outlaw swimming pools and want stricter laws for doctors.
OS:
“That same psychology still permeates these mountains.”
I think it more far reaching than just your mountains.
“I stated that if it took 150 plus shots to kill 20 plus children and staff, having limitations on what guns he could have access to “might” have safe lives.”
No Raff, it takes 20 shots to kill 20 children; especially when they’re rounded up in two different classrooms like fish in a barrel. He could accomplished the same thing with three or four handguns without reloading. His choice of gun and the number of rounds fired had nothing to do with his lethality. See my comment above per tracer rounds.
Furthermore the number of mass shootings bears no relevance to establishing a type of gun as being the proximate cause of said lethality. For example, Virginia Tech, if you recall, was a handgun case. He had 19 regular magazines of ammo for two pistols.
The Patriot act is a prime example of the product of legislating from hysteria.
Legislating from hysteria, or based on appeal to emotion, is INHERENTLY IRRATIONAL.
Why should “responsible gun owners” pay? Karen Lanza considered herself a responsible gun owner. If you have a gun at the ready enough for defense — i.e., not in a gun safe — and you have a child in your house, you are de facto irresponsible. You people have to suffer because those of us who choose not to have a gun are being killed by you and your irresponsible asses in record numbers. We women get killed by you. Our kids get killed by you. You accidentally and intentionally kill yourselves and each other. You have to pay because you’ve proven yourselves to be incapable of policing yourselves. And 90% of us want you screened. Most of us want you registered and insured, as well. We’re not afraid of the government nearly as much as we are of you.
raff, “……reasonable gun control and measures to keep guns and ammo out of the wrong hands?”
*********************************************
How do you propose to do that? Remember the 2nd Amendment is still in effect. One thing I can guarantee, it will never be repealed. So exactly how would your proposal work, nationwide? For that matter, how could it work in our county alone? This county is about 350 square miles, a great deal of it nearly vertical. There are 60,000 people and about 1,000 miles of roads. It is estimated there are about 2.5 firearms for every man, woman and child in the county. The last time a government agent said he was coming to subdue the local citizenry of our local community and take their arms, it did not work out so well.
Major Patrick Ferguson issued a challenge to the [Watauga] leaders to lay down their arms or he would “…lay waste to their country with fire and sword.”
What Ferguson and his commanders never understood, was the psychology and mind-set of the people to whom he sent that demand. He did not have a clue as to how they would react. That was a fatal mistake. When he signed that letter to Col. Sevier, he had no way of knowing he was signing his own death warrant. That same psychology still permeates these mountains.
http://en.wikipedia.org/wiki/Battle_of_Kings_Mountain
I guess we will now lose even more of our liberties because of this bombing.
rafflaw:
the real problem, at least as I see it, are the psychoactive drugs being given to young children. they produce suicidal and other violent behaviors.
Concerning Newton, why would a mother of a child with organic brain problems teach him how to shoot? that is the criminal action in my mind. She paid for her stupidity but why should responsible gun owners?
quit giving children psychoactive drugs and school shootings will stop.
It’s official: FEDS CLASSIFY ATTACKS AS TERRORISM, according to CNN.
No Bob. It is not an irrelevant tirade. We have had over 20 mass shootings since columbine so a discussion at this point is not legislating from the hysteria as you call it. As I suggested in my earlier response, I stated that if it took 150 plus shots to kill 20 plus children and staff, having limitations on what guns he could have access to “might” have safe lives.
The Patriot Act is a poor example because we only 1 or two events prior to 9/11 in the country that could be considered terrorism from foreign sources, while as I mentioned above, we have had over 20 mass shootings just since columbine. At what date can this country debate reasonable gun control and not be legislating from hysteria? !0 years after Columbine, 5 years after Virginia Tech, 3 years from NIU?
“The fact still remains that he shot over 150 times and if he had been limited in his rounds, some kids or staff might not have died.”
RAff,
That’s not a fact; that’s a claim for which you provide no reasons to conclude is true.
“Also, at what point after Columbine can we talk and debate gun control, what point after Virginia Tech can we debate gun control, what point after Northern Illinois University can we discuss reasonable gun control and measures to keep guns and ammo out of the wrong hands?”
And that’s an irrelevant tirade that misses my point entirely. My point dealt with the tactic of not only employing the informal fallacy of ‘appeal to emotion’ in lieu of rational argument; but also representing to the public that it’s an acceptable form of discourse.
We usually hear the comment “if not now, when” during a time of hysterics.
Legislating from hysteria is never acceptable.
See OS’s remark per the Patriot Act.
OS,
I meant Equal Protection in the sense of keeping the restrictions the same across the board for all three classes of med certificates.
Don’t forget, when comparing this to having a driving license, per the FAA Med certificate, there are also y/n boxes for things like do you require medication for motion sickness, have you ever attempted suicide, military medical discharge; neurological disorders; etc., etc.
All of which someone could have and still drive a car.
Not for nothing, but I’m pretty comfortable with the FAA’s high standards set for pilot physicals.
Scary day in Boston! I hope we find out who or what caused the multiple explosions.
Bob,
The fact still remains that he shot over 150 times and if he had been limited in his rounds, some kids or staff might not have died. Also, at what point after Columbine can we talk and debate gun control, what point after Virginia Tech can we debate gun control, what point after Northern Illinois University can we discuss reasonable gun control and measures to keep guns and ammo out of the wrong hands?
JFK library incident was a fire, not a bomb.