Bad risk? An overview of laws prohibiting possession of firearms by individuals with a history of treatment for mental illness.
For nearly 40 years, federal law has barred certain individuals with a history of mental health treatment from purchasing, receiving, or possessing firearms. State laws are a patchwork of different regulations, some much more inclusive than the federal statute, others that parallel it closely. In some states, such laws are nonexistent. For the past 20 years, it has been possible to petition for relief from the federal prohibition; however, this is not the case with all state laws. The mechanisms for relief under state laws, when present, vary significantly, and not all require the input of a mental health professional or even of any physician. This article provides an overview of federal and state laws, a discussion of implications of these laws for mental health clinicians and forensic practitioners, and suggestions of directions for future research.
Simpson
Joseph R
JR
VA Long Beach Healthcare System, Long Beach, CA, USA. jrsimpsonmd@earthlink.net
D005389:Firearms / Q000331:legislation & jurisprudence*; D033161:Government Regulation; D006801:Humans; D001523:Mental Disorders / Q000628:therapy; D013219:State Government; D014481:United States