Legal Regulation of Restoration of Firearms Rights After Mental Health Prohibition

Abstract

The federal government and many states have laws restricting access to firearms by those who have been involuntarily committed to a psychiatric institution or adjudicated not competent to stand trial or not guilty by reason of insanity. The federal government and many states also have statutes allowing individuals under these mental health firearm prohibitions to regain their firearms rights. Restriction of firearms rights by reason of mental health prohibitors is legally referred to as a “disability,” and programs that can restore firearms rights are styled “relief from disability” (RFD) programs. The legal procedures and evidentiary standards for RFD hearings vary widely and typically do not include a current psychiatric risk assessment. This article reviews the confusing and sometimes contradictory legal framework of federal and state RFD programs.