States With Statutory Mental Health Evidence Requirements (Other Than Mental Health Records)
| State and Statute | FA* | Risk Assessment† Specifically Required | Type of Professional Specified | Evidence Specifications | Time Limits |
|---|---|---|---|---|---|
| Delaware DE ST 11 §1448A | Yes | Yes | Medical doctor or psychiatrist licensed in DE | Certificate that person no longer has a mental disorder that “interferes with or handicaps the person from handling deadly weapons” AND Board has authority to require petitioner “undergo a clinical evaluation and risk assessment.” | No |
| Georgia GA ST §16–11-129 | No | Yes: danger to others No: danger to self | Superintendent of any mental hospital or treatment center | Optional Court may require any such person to sign a waiver authorizing the superintendent of any mental hospital or treatment center to make to the judge a recommendation regarding whether such person is a threat to the safety of others. | No |
| Hawaii HI ST §134–6.5 | Yes | No | No | Medical documentation that petitioner is no longer adversely affected by condition that resulted in adjudication or commitment and is not likely to act in a manner dangerous to public safety. | No |
| Indiana IN ST §33–23-15–2 Maine ME ST 15 §393 | Yes No | No No | Psychiatrist or psychologist licensed in IN Independent psychologist or psychiatrist licensed in ME | Recent mental health evaluation. Report specifically stating that circumstances that led to involuntary commitment have changed, that applicant is not likely to act in a manner dangerous to public safety, and that granting relief will not be contrary to the public interest. Note: State maintains list of providers willing to conduct evaluations. | No No |
| Maryland MD ST Pub Saf §5–133.3 | Yes | Yes | Board certified in psychiatry or psychology | Form stating: 1) length of time applicant has not had symptoms that cause applicant to be a danger to the applicant or others; 2) length of time that applicant has been compliant with mental illness treatment plan; 3) opinion as to whether applicant, because of mental illness, would be a danger to self if allowed to possess a firearm and reasons for the opinion; and 4) opinion as to whether applicant, because of mental illness, would be a danger to others or poses risk to public safety if allowed to possess a firearm. | Form must be completed within 30 days of submission of application |
| Note: State law provides immunity for professional in providing opinion/certification. | |||||
| Massachusetts MA ST 123 §36C | Yes | No | Licensed physician or clinical psychologist | Optional: Court may consider evidence that person no longer has the disease or condition that caused the disability or that disease or condition has been successfully treated for a period of 3 consecutive years. | No |
| Minnesota MN ST §624.713 | No | No | Licensed medical doctor or clinical psychologist | Optional: Court may consider evidence that person no longer has the disease or condition that caused the disability or that disease or condition has been successfully treated for a period of 3 consecutive years. | No |
| New York NY ST Ment.Hyg. §7.09 NY ADC 14 NYCRR 543.5 | Yes | Yes | Qualified psychiatrist, defined as board certified or board eligible | Optional: Applicant may provide an evaluation, which should include opinion, and basis for opinion, as to whether applicant's record and reputation are such that “applicant will or will not be likely to act in a manner dangerous to public safety” and whether granting relief “would be contrary to public interest” AND | Psychiatric evaluation performed no earlier than 90 days before filing application |
| “the Office reserves the right to request that the applicant undergo a clinical evaluation and risk assessment.” | |||||
| Oklahoma 21 OK ST §1290.27 Oregon OR ST §166.274 OR ADC §859–300-0050 | Yes Yes | No Yes | No 1. Licensed psychiatrist or psychologist, but not petitioner's current or previous provider 2. Optional: Letter from current mental health practitioner | Psychological or psychiatric evidence whether petitioner is a danger to self or others. 1. An independent forensic mental health assessment which shall include, at a minimum, an opinion and a basis for that opinion, of petitioner's interpersonal violence and risk of self-harm. 2. Optional: Records may also include letter from petitioner's current treating mental health practitioner, if any. Letter may contain the petitioner's current medical health diagnosis, list of currently prescribed psychiatric medicines and dosage, history of compliance with medication, and any other information practitioner deems relevant to petitioner possessing a firearm. | No Must be performed no more than 90 days before submission of petition |
| Rhode Island RI ST § 11–47-63 | No | Yes | Medical doctor or psychiatrist licensed in RI | Certificate that person no longer has a mental disorder “which interferes or handicaps the person from handling deadly weapons” AND | No |
| “Board shall have the authority to require that the petitioner undergo a clinical evaluation and risk assessment.” | |||||
| South Carolina SC ST §23–31-1030 | Yes | Yes | “Department of Mental Health” or “physician licensed in SC specializing in mental health” | Current evaluation [documented on form] presented by petitioner specifically addressing whether, due to mental defectiveness or mental illness, petitioner poses a threat to self or the safety of the public. | No |
| Utah UT ST §76–10-532 | Yes | No | Licensed psychiatrist | Mental health evaluation to include statement regarding: 1) nature of commitment, finding, or adjudication that resulted in restriction on petitioner's ability to purchase or possess a dangerous weapon; 2) petitioner's previous and current mental health treatment; 3) petitioner's previous violent behavior, if any; 4) petitioner's current mental health medications and medication management; 5) length of time petitioner has been stable; 6) external factors that may influence petitioner's stability; 7) ability of petitioner to maintain stability with or without medication; and 8) whether the petitioner is dangerous to public safety. | Evaluation within 30 days prior to filing petition |
| West Virginia WV ST §61–7A-5 | Yes | No | Licensed psychologist or psychiatrist | Certificate of mental health examination that supports that petitioner is competent and not likely to act in a manner dangerous to public safety. | Mental health examination within 30 days prior to filing |