State | Statute | Type of Weapon | Prohibited Categories* | Duration of Prohibition | Provision for Restoration in Statute |
---|---|---|---|---|---|
Alabama | Ala. Code § 22-52-10.8 | Firearm | Committed | Not specified | Yes |
Alaska | None | N/A | N/A | N/A | N/A |
Arizona | Ariz. Rev. Stat. § 13-3101(A)(6)(a) | Firearm | Adjudicated dangerous to self/others and court-ordered to treatment | Not specified | Yes |
Arkansas | Ark. Code § 5-73-103(a)(2, 3) | Firearm | Adjudicated mentally ill or committed | Not specified | No |
California | Cal. Welfare and Institutions Code § 8103 | Dangerous weapon | Invol. admitted for observation (for danger to self or others only) or certified for intensive treatment (any grounds) | Five years | Yes |
Colorado | None | N/A | N/A | N/A | N/A |
Connecticut | Conn. Gen. Stat. §29-28(b)(5) | Pistol, revolver | Committed | Twelve months | No |
Delaware | Del. Code tit. 11, § 1448A(2) | Deadly weapon | Committed | Not specified | Yes† |
District of Columbia | D.C. Code § 7-2502.03(a)(6) | Firearm | Vol. or invol. committed | Five years | Yes† |
Florida | Fla. Stat. § 790.25 2(b)(1) | Firearm | Adjudged mentally incompetent | Not specified | No |
Georgia | Ga. Code § 16-11-178(b) | Handgun | Committed | Five years | Yes† |
Hawaii | Haw. Rev. Stat. § 134-7(3) | Firearm | “Is or has been diagnosed as having a significant behavioral, emotional or mental disorder” | Not specified | Yes† |
Idaho | None‡ | N/A | N/A | N/A | N/A |
Illinois | 430 Ill. Comp. Stat. 65/4(2)(iv) | Firearm | “Has been a patient in a mental institution” | Five years | No |
Indiana | Ind. Code § 35-47-2-7(b)(4) | Handgun | Is mentally incompetent | Not specified | No |
Iowa | Iowa Code § 724.15 1(f) | Pistol/revolver | Ever adjudged mentally incompetent | Not specified | No |
Kansas | None‡ | N/A | N/A | N/A | N/A |
Kentucky | None‡ | N/A | N/A | N/A | N/A |
Louisiana | None‡ | N/A | N/A | N/A | N/A |
Maine | None‡ | N/A | N/A | N/A | N/A |
Maryland | Md. Code § 5-133(b)(6, 7) and § 5-205(a)(1, 2) | Firearm | “Suffers from a mental disorder. . .and has a history of violent behavior,” or ever “spent more than 30 consecutive days in a medical institution for treatment of a mental disorder” | Not specified | Yes† |
Massachusetts | Mass. Gen. Laws § 129B(1)(iii) | Firearm | Committed | Not specified | Yes† |
Michigan | Mich. Comp. Laws § 28.422(3)(f, g) | Pistol | Adjudged insane, or committed to invol. inpatient or outpatient treatment | Not specified | Yes |
Minnesota | Minn. Stat. § 624.713subd. 1c | Firearm | Committed | Not specified | Yes† |
Mississippi | None‡ | N/A | N/A | N/A | N/A |
Missouri | Mo. Rev. Stat. § 571.070 1(2) | Concealable firearm | Currently adjudged mentally incompetent | Not specified | No |
Montana | None‡ | N/A | N/A | N/A | N/A |
Nebraska | Neb. Rev. Stat. § 69-2404 | Handgun | Prohibited by 18 U.S.C. § 922 | State database of treatment/commitments purged after five years | No |
Nevada | Nev. Rev. Stat § 202.360 2(a) | Firearm | Ever adjudicated mentally ill or committed | Not specified | No |
New Hampshire | None | N/A | N/A | N/A | N/A |
New Jersey | N.J. Rev. Stat § 2C:39-7(a) | Weapon | Committed | Not specified | Yes† |
New Mexico | None‡ | N/A | N/A | N/A | N/A |
New York | N.Y. Penal Law § 265.00 subd 16 and § 400.00 subd 1 | Rifle or shotgun (§ 265.00) pistol or revolver (§ 400.00) | “Certified not suitable to possess” (rifle or shotgun); ever “suffered any mental illness” or committed (pistol or revolver) | Not specified | Yes† |
North Carolina | N.C. Gen. Stat. § 14-404(c)(4) | Pistol or crossbow | Adjudged mentally incompetent or committed | Not specified | No |
North Dakota | N.D. Cent. Code § 62.1-02-01(3) | Firearm | Committed | Three years | No |
Ohio | Oh. Rev. Code § 2923.13(A)(5) | Firearm | “Is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed . . . or is an invol. patient other than one who is a patient only for purposes of observation” | Not specified | No |
Oklahoma | Okla. Stat. §§ 1289.10, 1289.12 | Firearm | Emotionally disturbed or of unsound mind | Not specified | No |
Oregon | Or. Rev. Stat. § 166.250(1)(c)(D, E) | Firearm | Committed, or prohibited by court due to danger to self or others | Not specified | No |
Pennsylvania | 18 Pa. Cons. Stat. § 6105(c)(4) | Firearm | Adjudicated as incompetent or committed | Not specified | Yes |
Rhode Island | R.I. Gen. Laws § 11-47-6 | Firearm | “Under guardianship or treatment or confinement by virtue of being a mental incompetent” | Five years | Yes† |
South Carolina | S.C. Code § 16-23-30(1) | Handgun | Adjudicated mentally incompetent | Not specified | No |
South Dakota | None‡ | N/A | N/A | N/A | N/A |
Tennessee | None‡ | N/A | N/A | N/A | N/A |
Texas | None‡ | N/A | N/A | N/A | N/A |
Utah | Utah Code § 76-10-503(1)(b)(vii) | Dangerous weapon | Adjudicated mentally defective or committed | Not specified | No |
Vermont | None | N/A | N/A | N/A | N/A |
Virginia | Va. Code §§ 18.2-308.1:2; 18.2-308.1:3 | Firearm | Adjudicated legally incompetent, mentally incapacitated, or committed | Not specified | Yes |
Washington | Wash. Rev. Code § 9.41.040(2)(a)(ii) | Firearm | Committed | Not specitied | Yes |
West Virginia | W. Va. Code § 61-7-7(a)(4) | Firearm | Adjudicated mentally defective or committed | Not specified | Yes |
Wisconsin | Wis. Stat. § 941.29(1)(e) | Committed and prohibited by committing court | Not specified | Yes | |
Wyoming | None‡ | N/A | N/A | N/A | N/A |
This summary table lists only statutes concerning individuals who are receiving or have received mental health treatment. For the sake of clarity, statutes concerning substance abuse history or forensic adjudication (e.g., history of being found incompetent to stand trial or not guilty by reason of insanity) are not included. Statutes denoted “dangerous weapon” or “deadly weapon” prohibit possession of any firearm as well as of certain classes of weapons (e.g., knives, daggers, swords) other than firearms. Some statutes may have been added, amended or repealed by the time of publication. This summary is intended for illustrative purposes only and should not be relied on for legal purposes. Note that firearms possession by individuals in the categories defined in 18 U.S.C. § 922 is illegal in all states regardless of state laws.
* Unless otherwise specified, the term “committed” is used to refer to any involuntary hospitalization or confinement.
† Statute requires certification by a physician for restoration.
‡ State law prohibits issuance of a permit to carry a concealed firearm to persons with a specified mental health history or status.