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Bad Risk? An Overview of Laws Prohibiting Possession of Firearms by Individuals With a History of Treatment for Mental Illness

Dr. Simpson is Staff Psychiatrist, VA Long Beach Healthcare System, Long Beach, CA, and Clinical Assistant Professor of Psychiatry and Behavioral Sciences, University of Southern California (USC) Keck School of Medicine, Los Angeles, CA. The views expressed in this article do not necessarily reflect any policy or position of the U.S. Department of Veterans Affairs, the University of Southern California, or the USC Keck School of Medicine. Address correspondence to: Joseph R. Simpson, MD, PhD, P.O. Box 15597, Long Beach, CA 90815. E-mail: jrsimpsonmd{at}earthlink.net

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.

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