by Cog » Tue 06 Oct 2015, 15:02:32
$this->bbcode_second_pass_quote('dinopello', 'T')here are millions of gun owners on psychotropic drugs and being treated for mental illness. The NRA has fought hard to keep laws being passed that would limit the constitutional rights of the mentally ill to own firearms. A few liberal states may have laws like that (e.g. the NY SAFE act) but even these are challenged. And, not only by the NRA but the medical community doesn't want them because they worry that it will discourage those who would seek treatment from going to get it if they are going to lose their constitutional rights.
There is a federal law and the NRA supports banning firearms from someone who was adjudicated by a court as mentally defective or involuntarily committed to a mental institution. But attempts to pass laws at he federal level that would add such things as a person that was ordered to counseling or diagnosed with or treated for a mental disorder have been opposed.
Here is the federal law being referenced.
Under 18 U.S.C. § 922(d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution
The different states have a variety of laws which are more stringent than the federal law. You can see them at this link.
http://www.ncsl.org/research/civil-and- ... y-ill.aspxThere is good reason that the mental health prohibition has not been strengthened at the federal level. Do you really want a person to avoid seeing a shrink if he is forever barred from the possession of firearms? There has already been some issues with vets having PTSD being denied the possession of firearms. We especially want this group to get the counseling and treatment they need.
There aren't any great solutions that don't risk dragging people through the court system to regain their rights once they are lost. Perhaps a temporary restraining order prohibiting the possession of firearms, which would sunset on a certain date, unless a court proves beyond a reasonable doubt that the person can not be trusted with firearms.