Following the tragic events of Christchurch in March 2019, gun reform is a legislative priority. The Government recently introduced the Arms Legislation Bill to impose tighter controls on the use and possession of firearms.

Many doctors, particularly in rural areas where firearms are more common, may have found themselves in a situation where they have concerns about a patient’s access to a gun. The new Bill will provide some support to health practitioners who hold concerns about individual or public safety. It may also mean that health practitioners are asked for information by Police more often when Police are considering firearms licence applications.

Changes to the application process

The Bill will change the process for applying for a firearms licence. Under the process as proposed, applicants would be required to provide the name and contact details of their health practitioner. Police could then use this information to notify the relevant medical practitioner of the fact the individual holds a licence.

The Bill also clarifies what Police can consider as part of a “fit and proper person” test for a firearms licence. The Bill says Police can consider:

• the applicant having exhibited significant mental health issues, including attempted suicide or other self-harm;
• the applicant abusing alcohol, or having a dependence on alcohol, to an extent that detrimentally affects their judgment or behaviour;
• the applicant using legal or illegal drugs in a way that detrimentally affects their judgment or behaviour.

Health practitioners may find that they receive more frequent requests from Police, either to query an applicant’s mental or physical health, or to advise that a firearms licence has been granted. This will mean health practitioners will be more aware of their patients’ access to firearms.

Concerns about an individual who may be unfit to use a firearm

The new Bill will allow for health practitioners to disclose to Police information about an individual’s mental or physical health where the health practitioner is concerned that an individual is unfit to possess and use a firearm.

The new section 91 states that a health practitioner must consider notifying Police if they have reason to believe that their patient is a firearms licence holder and they consider that in the interests of public safety, that person should not be permitted to possess or use a firearm due to their mental or physical condition.

If a doctor decides to notify Police, they will need to tell Police:

• their opinion and the grounds on which they have come to that conclusion;
• whether the doctor believes the licence holder poses an immediate or imminent danger of self-harm or harm to others.

Police may then temporarily suspend the licence. Police may also require a firearms licence holder to undergo a further medical assessment in considering whether to revoke the licence.

Health practitioners may already be aware of their ability to disclose personal health information to Police if they have concerns about safety. The Health Information Privacy Code 1994 allows health practitioners to disclose health information if they believe it is necessary to avoid a prejudice to the maintenance of the law or there is a serious risk to an individual’s or the public’s safety. The new section in the Arms Legislation Bill provides further support for health practitioners to disclose information where they have serious concerns.

The new section does not impose any obligation on health practitioners to disclose patient information to Police. Health practitioners who disclose information in accordance with new section 91 will be protected from criminal, civil or disciplinary proceedings as long as they act in good faith.

Supporting health practitioners and protecting individual privacy

The Office of the Privacy Commissioner has engaged with Police to ensure that the new firearms legislation appropriately accounts for individuals’ right to privacy, while also addressing the important public safety concerns. The legislation is not perfect - and the Commissioner will be making a submission to the Select Committee considering the Bill on improvements that can be made.

During the development of the Bill, Police originally proposed that health practitioners should have direct access to the registry containing information about all firearms owners. The Commissioner raised concerns about this proposal because of the number of individuals who would have access to the registry, the potential for data breaches and the safety concerns. The Commissioner also noted concerns that the health sector had not been consulted in the development of the proposal. He was also concerned about the effect on the willingness of unwell people, particularly in rural communities, to seek support.

As a result of our feedback, the proposal was changed so that health practitioners would not have direct access to the registry.

If health practitioners have concerns about patient or public safety because of someone’s access to a firearm, they should feel confident and supported in their ability to share this information with appropriate agencies which can act before something goes wrong.

The Arms Legislation Bill is currently before Parliament’s Finance and Expenditure Committee. Submissions on the Bill closed on 23 October 2019. You can read the full content of the Bill here.

This article was first published in the November issue of NZ Doctor.

Image credit: Five bullets via Wikimedia Creative Commons.

Health Information Privacy Code, law enforcement