Citation

Fisher CE, Cohen ZE, Hoge SK, Appelbaum PS. Behav. Sci. Law 2015; 33(2-3): 334-345.

Affiliation

Columbia University Medical Center.

Copyright

(Copyright © 2015, John Wiley and Sons)

DOI

10.1002/bsl.2171

PMID

25711715

Abstract

The National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 encouraged states to create processes by which individuals who have lost their rights to firearm possession for mental-illness-related reasons could receive relief from restrictions. Over 20 states have created relief processes for this sub-group, but there still exists considerable state-by-state heterogeneity. The spectrum ranges from states that require a physician's opinion regarding appropriateness for restoration to those that rely solely on judicial proceedings without input from psychiatrists or other mental health professionals. This article reviews the restoration process in New York State, a model in which psychiatrists participate in the process of assessing whether an individual's firearm rights can be restored. It discusses the legislative background of these regulations, the specific policies and procedures governing the restoration process, and clinical considerations for the forensic evaluation. Copyright © 2015 John Wiley & Sons, Ltd.

Language: en