What are laws regarding the mentally ill purchasing guns?

[chookie]

I am sitting watching ABCNews Tonight, a piece on known terrorists buying arms in the US, and the FBI saying that was legal.

But something I was NOT aware of -- that "the mentally ill" are prohibited from purchasing firearms.

Does anyone have further information about this, for example, how do they define "mentally ill" and how the screenings identify these individuals?

I ask this because I know a specific case of a severe bipolar (medically diagnosed) with paranoid schizoid episodes, who lives on disability BECAUSE of their severe mental illness, who in fact was arrested for illegal discharge of a firearm in the past (charges were dropped because the victim, whose property had been vandalized, felt the individual should be treated for mental illness rather than put in prison).

This person possesses a vast arsenal of weapons, including assault rifles. Hmmm. If the "mentally ill" are screened out of legal gun purchases, how did this individual get through this and manage to purchase all these weapons? BTW -- he is not a hunter or sportsman....

This post is merely soliciting information on this subject, and is not meant to provoke discussion of the politics of gun ownership. Thanks.

[leesa]

1. My brother is bipolar with an established history of mental

health care and he has no problem getting a gun when he goes off meds and gets a little whacky. There are really not any controls.

[chookie]

5. I learned a little since I posted this

Finally googled the right set of keywords.

It would seem that "mentally ill" specifically means someone who has been involuntarily institutionalized. That's pretty specific, all right.

Unless the individual voluntarily supplies information about their mental illness, there is no way the screening process will know that they have a history, are on meds, etc.

"Federal law prohibits people who have been judged to be mentally ill from buying a gun. To prevent such purchases, and also to prevent felons from buying guns, gun dealers must submit information regarding a prospective gun buyer to an FBI database. The computerized database costs nothing for the state or gun dealer. It is nearly instantaneous, much like a credit-card authorization.

If a licensed gun dealer submits the name of a person who has been involuntarily committed to a mental health facility, the FBI's background check denies the application, thus preventing the sale.

But the federal database, called the National Instant Criminal Background Check System or NICS, works only if the state provides the data. So unless the gun buyer admits he is mentally ill, nothing prevents anyone — including diagnosed paranoid schizophrenics like Barksdale — from buying a gun in Alabama."
http://www.decaturdaily.com/decaturdaily/news/040111/guns.shtml

[Behind the Aegis]

2. Differs by state

I think it is different state to state. I could be wrong. Some say you can't have a gun if you have been institutionalized, others if you sought mental health treatment. You might want to google "{your state} and gun laws" It might be able to provide you more info. Sorry, I wasn't a bigger help.

[Sgent]

3. Also,

unless you have been involuteerialy committed, there is no central repository of information (other than the MIB which isn't used for this). This makes it unlikely that anyone would know even if it is illegal.

[musiclawyer]

7. Exactly

Most states have mental health laws that allow a court to preclude ownership of a firearm etc, along with denial of other rights. Usually these court orders are obtained when guardianships/conservatorships are requested by a family member of local government. But there are lots people , not in the legal system, mentally unfit by layman standards who can and do own firearms.

[Zynx]

4. Many states have extremely strong mental health privacy laws

Consequently, it would probably be quite easy in most of these states for someone with significant issues to obtain a gun.

[slackmaster]

6. If you've been adjudicated mentally defective or committed involuntarily

To an institution, you are prohibited from buying a firearm. That is the federal law, your state's mileage may vary but cannot be more lenient than the federal law.

This person possesses a vast arsenal of weapons, including assault rifles.

Extremely unlikely. If he had real assault rifles, he almost certainly obtained them from a totally illegal channel. Assault rifles, i.e. automatic weapons, have been strictly regulated since 1934. You have to go through a federal background check and pay lots of money to get one.

Hmmm. If the "mentally ill" are screened out of legal gun purchases, how did this individual get through this and manage to purchase all these weapons?

He probably broke the law.

[Telly Savalas]

8. Is there truly a link between mental illness...

and a higher incidence of violent behavior?

Here's an article which claims there isn't such a link. If you google this issue, you'll find a whole body of literature that points to the fact that mental illness isn't correlated with a higher incidence of violence unless substance abuse is involved.