General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPossession of a firearm by the mentally ill is regulated by both state and federal laws.
Just FYI for folks-
Federal Law
Under 18 U.S.C. § 922(d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person has been adjudicated as a mental defective or has been committed to any mental institution.
State Law
Arizona Ariz. Rev. Stat. §§13-3101 - 02, 13-925 Arizona prohibits possession of a firearm by any person who:
Has been found to constitute a danger to himself or herself or others pursuant to court order under section 36-540, and whose right to possess a firearm has not been restored pursuant to section 13-925.
Arkansas Ark. Code §5-73-103 No person shall possess or own any firearm if he or she has been:
Adjudicated mentally ill; or
Committed involuntarily to any mental institution.
California Cal. Welfare and Inst. Code §§ 8100 - 8108 A person is barred from possessing, purchasing, receiving, attempting to purchase or receive, or having control or custody of any firearms if the person:
Has been admitted to a facility and is receiving in-patient treatment for a mental illness and the attending mental health professional opines that the patient is a danger to self or others. This prohibition applies even if the person has consented to the treatment, although the prohibition ends as soon as the patient is discharged from the facility;
Has been adjudicated to be a danger to others as a result of a mental disorder or mental illness or has been adjudicated to be a mentally disordered sex offender. This prohibition does not apply, however, if the court of adjudication issues, upon the individuals release from treatment or at a later date, a certificate stating that the person may possess a firearm without endangering others;
Has been found not guilty by reason of insanity of enumerated violent felonies. A person who is found not guilty by reason of insanity of other crimes is barred from possessing firearms unless a court finds that the person has recovered his or her sanity;
Has been found mentally incompetent to stand trial, unless there is a subsequent finding that the person has become competent;
Is currently under a court-ordered conservatorship because he or she is gravely disabled as a result of a mental disorder or impaired by chronic alcoholism
A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of six months whenever he or she communicates to a licensed psychotherapist a serious threat of physical violence against a reasonably identifiable victim or victims. Licensed psychotherapists are required to immediately report to a local law enforcement agency the identity of a person who has communicated a serious threat of violence against a reasonably identifiable victim or victims (see § 8105(c)).
All your other states listed here-
http://www.ncsl.org/research/civil-and-criminal-justice/possession-of-a-firearm-by-the-mentally-ill.aspx
riqster
(13,986 posts)Just having a mental illness isn't a disqualifier. It has to be severe enough to make you too risky to be allowed a gun.
And a court has to sign off.
snooper2
(30,151 posts)The other threads with 100+ posts have a large number of folks who apparently aren't aware of existing federal and state laws.
riqster
(13,986 posts)Fortunately, in this case, the law does not.
fizzgig
(24,146 posts)there's a lot of misunderstanding about mental illness and the widely varying diagnoses out there.
Eleanors38
(18,318 posts)Old Codger
(4,205 posts)There is no main data base with any large list of the "mentally" ill people that can be accessed by the background check systems in order to decide whether or not someone can legally buy a firearm. It asks on the application if you have ever been judged as mentally ill but if the no box is checked I know of no way to find out, probably due to privacy laws it is not entered into any data base that can be accessed by the background check system anywhere. It is in fact illegal for anyone to even attempt to purchase a firearm who has been found mentally ill or been convicted of a felony or domestic violence but in the 15 years or so that I was a licensed federal firearms dealer I had several people refused but never once did I see any of them charged and/or prosecuted for this crime.
Lurks Often
(5,455 posts)however not all of the states have sent complete lists of those deemed mentally incompetent under 18 U.S.C. § 922(d)