Explore The NRA Universe Of Websites

APPEARS IN News

Mental Health and Firearms

Thursday, January 24, 2013

Since 1966, the National Rifle Association has urged the federal government to address the problem of mental illness and violence. As we noted then, “the time is at hand to seek means by which society can identify, treat and temporarily isolate such individuals,” because “elimination of the instrument by which these crimes are committed cannot arrest the ravages of a psychotic murderer.”[1]

More recently, the NRA has supported legislation to ensure that appropriate records of those who have been judged mentally incompetent or involuntarily committed to mental institutions be made available for use in firearms transfer background checks. The NRA will support any reasonable step to fix America’s broken mental health system without intruding on the constitutional rights of Americans.

Federal Law

Since 1968, federal law has barred the possession or acquisition of firearms by anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.”[2]

The Bureau of Alcohol, Tobacco, Firearms and Explosives has issued regulations that define an “adjudication” as a “determination by a court, board, commission, or other lawful authority that a person is, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs.” This includes a finding of insanity or incompetency in a criminal case.[3]

“Committed to a mental institution” is defined as a “formal commitment of a person to a mental institution by a court, board, or other lawful authority.” The definition makes clear that “[t]he term does not include a person in a mental institution for observation or a voluntary admission.”  The Supreme Court has held that an involuntary commitment is a serious deprivation of liberty that requires due process of law under the Fifth Amendment to the U.S. Constitution.[4]

A person cannot be federally disqualified from owning a gun based simply on a psychiatrist’s diagnosis, a doctor’s referral, or the opinion of a law enforcement officer, let alone based on getting a drug prescription or seeking mental health treatment. Doing so would actually discourage troubled people from getting the help they need.

Instant Check Improvements

In January 2008, President George W. Bush signed the bipartisan “NICS Improvement Amendments Act of 2007.”[5] The NRA-supported legislation created incentives for states to upgrade their procedures for timely and accurate reporting of records—including mental health records—to the National Instant Criminal Background Check System. All federal firearm licensees are required to check the system (either directly or through a state point of contact) before proceeding with a sale.[6] To accomplish this task, the legislation authorized federal grants to states that improve their record keeping and supply those records to NICS, while also developing procedures under which people who have recovered from mental illness can get their firearms rights restored.

To support state cooperation in providing records, the NRA has worked with lawmakers in many states to pass legislation to implement the federal law. Passage of such legislation, along with other administrative and policy changes at the state level, has allowed states to provide hundreds of thousands of mental health records to NICS since 2008.

In recent years, anti-gun lawmakers have introduced legislation to expand the definition of people barred from possessing firearms to include persons who have simply been ordered to receive counseling. This could include a person whose employer or school administrator orders him to receive counseling as a condition of employment or enrollment, regardless of the outcome of such counseling. Similarly onerous legislation has been introduced in some states. At least one attempt has been made to ban gun ownership by anyone with any recognized diagnosis from the Diagnostic and Statistical Manual of Mental Disorders—an outrageously broad standard that would affect the rights of countless Americans.

Veterans and Mental Health

The danger of overbroad mental health disqualifiers is already clear to tens of thousands of veterans. Veterans and family members who receive benefits from the Department of Veterans Affairs and have simply had personal representatives appointed to manage those benefits are currently labeled as “mentally defective,” reported to NICS and barred from gun possession. Fortunately, the NICS Improvement Amendments Act required federal agencies that make such decisions to provide avenues for legal relief as well.



[1] “The Mentally Ill,” The American Rifleman (Sept. 1966).

[2] 18 U.S.C. §§ 922(d)(4), (g)(4).

[3] 27 CFR § 478.11.

[4] Addington v. Texas, 441 U.S. 418 (1979).

[5] Pub. L. 110-180.

[6] Many state firearm licenses serve as an alternative to NICS. See 18 U.S.C. § 922(t).

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate.

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Thursday, April 10, 2025

Colorado: "Polis Permission Slip" Signed Into Law in a Secret Ceremony

Ignoring months of advocacy and correspondence from tens of thousands of Coloradans, Governor Jared Polis has signed Senate Bill 25-003 into law.

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Michigan: Red Flag Expansion Passes Senate

Wednesday, April 16, 2025

Michigan: Red Flag Expansion Passes Senate

Yesterday, the Michigan Senate passed SB 111, a red flag expansion, along party lines. The bill will now be transmitted to the House, for further consideration. Use the Take Action link below to contact your ...

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

News  

Monday, April 14, 2025

The Unkindest Cut: British Crackdown on “Ninja Swords” Suggests Bias, Futility

The United Kingdom (UK) has a long history of exerting control over its subjects, especially when it comes to depriving them of arms.  It also has a weird history, albeit a shorter one, of an apparent ...

Oklahoma: Firearm Non-Discrimination Bill Passes House Committee

Thursday, April 17, 2025

Oklahoma: Firearm Non-Discrimination Bill Passes House Committee

Today, April 17th, the House Government Oversight committee passed Senate Bill 500 by a vote of 13-3. It will now advance to the House floor for a vote.

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

Thursday, April 17, 2025

North Carolina: Second Amendment Financial Privacy Bill Advances to House Floor

This week, the Second Amendment Financial Privacy Act, House Bill 38 (H38), passed favorably out of both the House Judiciary 1 Committee and the House Rules Committee, and is now scheduled for consideration on the House floor ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.