Citation

Dymarczyk A. Student Res. Symp. 2024; ePub(ePub): ePub.

Copyright

(Copyright © 2024, The author(s), Publisher Montclair State University, Harry A. Sprague Library)

DOI

unavailable

PMID

unavailable

Abstract

While gun control laws exist nationwide, their restrictiveness varies from state to state. These differences have led to increased debate surrounding the Second Amendment rights of those with nonpsychotic mental disorders as defined by the ICD-10. In some states, individuals seeking therapy for nonpsychotic conditions like generalized anxiety disorder are barred from owning firearms, while they are not in other states. Should individuals diagnosed with non-psychotic mental disorders be legally allowed to exercise their Second Amendment right to 'keep and bear arms,' and if so, under what circumstances and with what safeguards in place? This complex issue requires interdisciplinary research to arrive at a more thorough conclusion and to find relevant solutions. I analyze this problem through the disciplines of law and psychology. I use qualitative research methodology, law review analysis, court opinion analysis, and analysis of other scholarly sources to find common ground between both of my disciplines. Combining these two insights, I arrive at a more complete understanding and pose relevant solutions to the issue. Although my research on this topic is not yet complete, I have found that current legislation is infringing upon the Second Amendment rights of individuals with nonpsychotic mental disorders. In order to rectify this, Congress should establish criteria to protect the Second Amendment rights of those with nonpsychotic mental disorders, the Executive Branch should enforce uniform Relief From Disability programs nationwide, and the Supreme Court should address disparities between the Courts of Appeal on the matter.