Compliance Perspective – Discharge of Firearm:
The Compliance Officer will review with the DON and the Administrator the facility’s policies and procedures regarding a resident’s rights under CFR §483.10(e)(2) —a resident’s right to retain and use personal possessions…, unless to do so would infringe upon the rights of health and safety of other residents. Personal Items that the facility does not allow a resident to possess (e.g., firearms), should be communicated to residents and family members/representatives at admission. Staff must be trained regarding items that residents are not allowed to have in their possession and the process for removing the items or reporting them to their supervisor. Administration must periodically communicate to Resident and Family Councils policies on prohibiting certain personal possessions and the reasons for doing so.
A 94-year-old resident of a Buffalo assisted living center, who is accused of discharging a firearm inside the facility, was arraigned on an attempted murder charge. However, the resident’s attorney and the County District Attorney think that he will not be tried because of his mental condition.
The incident happened in June, and he was indicted in July. According to the three forensic evaluations that the resident received, psychologists found that he was delusional and believed that people were trying to kill him.
The resident is a veteran who fought in Japan and Korea, and he has no prior criminal record. His attorney suggests that his mental issues may also include dementia and Post-traumatic Stress Disorder.
After the resident’s indictment, a judge approved a request that the resident be placed in a mental health facility for one year.
The district attorney indicated that he agreed with the resident’s evaluations and that he was not a rational person. The district attorney also expressed his concern that an elderly person living in an assisted living center could possess a handgun. Acknowledging rights to bear arms under the Second Amendment, he suggested that nursing homes and similar care facilities need to examine their safety rules and guidelines in terms of what is allowable and not allowable regarding weapons.
