Legal Regulation of Restoration of Firearms Rights After Mental Health Prohibition

Liza H. Gold; Donna Vanderpool

doi:10.29158/JAAPL.003765-18

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Relief from disabilities.

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Table 1

State Relief From Disabilities Programs

State^*	Relief Program	Meets Federal Criteria
Alabama	Yes (AL ST § 22-52-10.8)	Yes
Alaska	Yes (AK ST § 47.30.851)	Yes
(no mental health prohibition)
Arizona	Yes (AZ ST § 13-925)	Yes
Arkansas	No	N/A
California	Yes (CA ST Wel&Inst § 8103)	No
Colorado	Yes (CO ST § 13-9-124)	Yes
Connecticut	Yes (CT ST § 45a-100)	No
		(previously had approved program)
Delaware	Yes (DE ST 11 § 1448A)	Yes
Dist. of Col.	No	N/A
Florida	Yes (FL ST § 790.065)	Yes
Georgia	Yes (GA ST § 16-11-129)	No
Hawaii	Yes (HI ST § 134-6.5)	Yes
Idaho	Yes (ID ST § 66-356)	Yes
Illinois	Yes (IL ST 430 § 65/10)	Yes
Indiana	Yes (IN ST § 33-23-15-2)	Yes
Iowa	Yes (IA ST § 724.31)	Yes
Kansas	Yes (KS ST § 75-7c27)	Yes
Kentucky	Yes (KY ST § 237.108)	Yes
(no mental health prohibition)
Louisiana	Yes (LA ST § 28:57)	Yes
Maine	Yes (ME ST 15 § 393)	No
Maryland	Yes (MD ST Pub Saf § 5-133.3)	Yes
Massachusetts	Yes (MA ST 123 § 36C)	Yes
Michigan	No	N/A
Minnesota	Yes (MN ST § 624.713)	No
Mississippi	Yes (MS ST § 97-37-5)	No
Missouri	Yes (MO ST § 571.092)	Yes
Montana	No	N/A
Nebraska	Yes (NE ST § 71-963)	Yes
Nevada	Yes (NV ST § 179A.163)	Yes
New Hampshire	No	N/A
(no mental health prohibition)
New Jersey	Yes (NJ ST § 30:4-80.8,9,10)	Yes
New Mexico	No	N/A
New York	Yes (NY ST Ment.Hyg. § 7.09; NY ADC 14 NYCRR 543.5)	Yes
North Carolina	Yes (NC ST § 14-409.42)	Yes
North Dakota	Yes (ND ST § 62.1-02-01.2)	Yes
Ohio	Yes (OH ST § 2923.14)	No
Oklahoma	Yes (21 OK ST § 1290.27)	Yes
Oregon	Yes (OR ST § 166.274; OR ADC §859-300-0050)	Yes
Pennsylvania	Yes (18 PA ST § 6105)	No
Rhode Island	Yes (RI ST § 11-47-63)	No
South Carolina	Yes (SC ST § 23-31-1030)	Yes
South Dakota	Yes (SD ST § 23-7-49)	No
Tennessee	Yes (TN ST § 16-10-205)	Yes
Texas	Yes (TX ST Health&Saf §574.088)	Yes
Utah	Yes (UT ST § 76-10-532)	Yes
Vermont	Yes (VT ST 13 § 4825)	No
(no mental health prohibition)
Virginia	Yes (VA ST § 18.2-308.1:3)	Yes
Washington	Yes (WA ST § 9.41.047)	No
West Virginia	Yes (WV ST § 61-7A-5)	Yes
Wisconsin	Yes (WI ST § 941.29)	Yes
Wyoming	No	N/A

This chart is accurate as of June 2017.
↵* Unless otherwise indicated, the state has specific mental health firearms prohibitions. States without prohibitions may still have an RFD program to provide citizens relief from disabilities under federal law.

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Table 2

Federal Entity Originally Imposed Disability and Prohibition^*

Disability Prohibition of Firearms Possession	State RFD Program^{^†}	No State RFD Program
Both state and federal law. Example: Virginia has same prohibition as federal law based on involuntary commitment.	Petitioner must seek relief of federal disability from federal entity; states may or may not provide state relief based on federal relief; if not, seek relief of state disability via state relief program.	Petitioner must seek relief of federal disability from federal entity; states may or may not provide state relief based on federal relief; if not, no option for relief of state disability.
Only state law; not federal law. Example: 72-hour hold imposed at VA facility in California is a prohibition under California law, but not a prohibition under federal law.	Petitioner must seek relief of state disability via state relief program.	No relief available.
Only federal law; not state law. Example: Involuntary commitment is not a prohibition under Kentucky law, but is a prohibition under federal law.	Petitioner must seek relief of federal disability from federal entity.	Petitioner must seek relief of federal disability from federal entity.

↵* Disability is based on action by federal entity, such as involuntary commitment. Action taken by federal entity may or may not result in prohibition against gun ownership under state law.
↵† State has an RFD program, regardless of whether it meets federal criteria.

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Table 3

State Entity Originally Imposed Disability and Prohibition^*

Disability Prohibition of Firearms Possession	State RFD Program		No State RFD Program
Disability Prohibition of Firearms Possession	Meets federal criteria	Not federally approved	No State RFD Program
Both state and federal law. Example: Virginia has same prohibition as federal law based on involuntary commitment	Petitioner must seek relief of federal and state disability via state relief program.	Petitioner must seek relief of state disability via state relief program, but no option for relief of federal disability.	Petitioner has no option for relief of state or federal disability.
Only state law; not federal law. Ex: 72-hour hold imposed at VA facility in California is a prohibition under California law, but not a prohibition under federal law.	Petitioner must seek relief of state disability via state relief program.	Petitioner must seek relief of state disability via state relief program.	No relief available.
Only federal law; not state law. Ex: Involuntary commitment is not a prohibition under Kentucky law, but is a prohibition under federal law.	Petitioner must seek relief of federal disability via state relief program.	No relief available.	No relief available.

↵* Disability is based on an action by a state entity, such as involuntary commitment. Action by state entity may or may not result in disability/prohibition on gun ownership under federal law.