Citation

Williams JB. J. Am. Acad. Psychiatry Law 2017; 45(3): 286-291.

Copyright

(Copyright © 2017, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

unavailable

PMID

unavailable

Abstract

Beginning with the passage of the Gun Control Act of 1968, federal restrictions have been placed on the right of individuals with mental illness to possess firearms. This law prohibits anyone "who has been adjudicated as a mental defective" (the terminology of the day) or "who has been committed to a mental institution" from possessing a firearm.1 The Brady Handgun Violence Prevention Act of 1993 was built on this law and mandated federal background checks on firearms purchasers.2 It also led to the creation of the National Instant Criminal Background Check System (NICS), which has been maintained by the U.S. Federal Bureau of Investigation since 1998. In addition to those with mental illness, other classes of individuals have been barred from possessing firearms pursuant to 18 U.S.C. § 922(g)(2006): convicted felons, fugitives from justice, habitual drug users, illegal aliens, dishonorably discharged servicemen, persons who have renounced their U.S. citizenship, persons who have been issued partner/child safety-related restraining orders, and domestic violence misdemeanants. In its landmark decision in District of Columbia v. Heller,3 the U.S. Supreme Court recognized for the first time an individual Second Amendment right to possess firearms while also acknowledging the government's legitimate authority to place limitations on this right. The Heller Court indicated that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill," (Ref 4, p 626) and this sentiment was reaffirmed by the U.S. Supreme Court in McDonald v. Chicago.5 These categories of individuals have restrictions placed on their right to possess firearms to protect the public from dangerous behavior, including dangerous behavior directed against oneself (i.e., suicide).

The decision to include those with mental illness as a class of restricted persons in § 922(g) reflects a belief among lawmakers that individuals with mental illness are categorically at an increased risk of committing acts of firearms-related violence against others or themselves, and the current basis for this belief rests in large part on high-profile mass shootings involving perpetrators with a mental health history, most notably, the shootings at Virginia Tech (Virginia), Newtown (Connecticut), Tucson (Arizona), Aurora (Colorado), Isla Vista (California), and the Washington (D.C.) Naval Yard. Studies investigating mental illness and violence have consistently failed to demonstrate a clear linkage between the presence of a psychiatric disorder and a propensity for committing violent acts against others.6 Indeed, persons with mental illness are more likely to be the victims than the perpetrators of violence.7 However, there is a substantial body of evidence in the published literature supporting a connection of mental illness with firearms and suicide in the United States (addressed later). In light of this strong connection, the inclusion of the civilly committed in the list of groups banned from possessing firearms appears to be warranted, notwithstanding the concerns raised by elements within the psychiatric community about the appropriateness of the firearms ban for those with mental illness...

Language: en

Keywords

handguns; homicide; mental-disorders; ownership; prevention; suicide rates; victimization