Interim Judiciary Committee discusses legislation involving mental health and firearms

At a recent meeting of the Joint Interim Committee of Judiciary in Frankfort, committee members heard testimony regarding legislation that would temporarily remove firearms from individuals experiencing a mental health crisis.

A possible bill is being worked on by Senator Whitney Westerfield of Christian County, who was on hand along with several witnesses of school shootings, those personally affected by gun violence, and those who have lost a loved one due to suicide by use of a gun. 

Known as CARR, or Crisis Aversion and Rights Retention, Senator Westerfield says he was looking for open dialogue with his colleagues on the matter—his proposal would aim to create a new type of court order to give law enforcement the power to temporarily remove firearms from other individuals in crisis who are not placed under a psychiatric hold, but still need care, making it different from the current statute involving individuals in crisis.

The individual would also have a chance to appeal the decision. Westerfield says the hope is to prevent more suicides and other acts of violence, such as school shootings. Richard Sanders was the Commissioner of Kentucky State Police at the time of the Marshall High School shooting that killed two students, and says mental health issues are a large issue today and this would help.

Representative Jason Nemes is against the legislation, saying it feels as though they are punishing someone who has not done anything wrong and may not ever do anything wrong.

Senator Westerfield says this isn’t a bill that would result in ransacking someone’s home, or would hold anything against them in any type of proceedings in the future.

Several legislators spoke either for or against the legislation—the Kentucky General Assembly cannot take action on legislation until the 2024 legislative session begins on January 2.