NCJ Number
147142
Journal
Behavioral Sciences and the Law Volume: 11 Issue: 4 Dated: (Autumn 1993) Pages: 407-421
Date Published
1993
Length
15 pages
Annotation
This article reviews Federal and State laws which prohibit the mentally ill from possessing firearms, and assesses their jurisprudential value.
Abstract
The first section provides an historical overview on Federal firearms that deal with the mentally ill; these include the Federal Firearms Act of 1938, the Omnibus Crime Control and Safe Streets Act of 1968, and the Firearms Owners' Protection Act of 1986. Case law construing these Federal laws can be classified into three broad categories: those that challenge the inconsistencies between the various provisions of the Federal law; those that deal with the courts' attempts to define mentally defective, mentally incompetent, and committed within the context of Federal laws; and those which challenge the constitutionality of Federal laws. Most States mirror Federal law by prohibiting the mentally ill from owning or possessing firearms. Although the laws in most States are more comprehensive than those at the Federal level, few provide relief for former mental patients. 128 notes