Richard Bonnie

APA Resource Document on Risk-Based Gun Removal Laws

CO-AUTHORS Elissa Benedek, Tanuja Gandhi, Liza H. Gold, Seth Judd, Reena Kapoor, and Debra A. Pinals
PUBLISHER
Developments in Mental Health Law
DATE
2018 Winter
 

Abstract

In this document, we use the term "risk-based gun removal laws" to include legislation that aims to restrict access to firearms temporarily for individuals determined to be acutely dangerous to themselves or others. At the time of this writing, four states- Connecticut, Indiana, Washington, and California, had enacted laws that allow clinicians or family members to initiate firearm removal based on dangerousness, regardless of psychiatric diagnosis. Several other states have similar laws allowing firearm removal by law enforcement officers, and still more states are actively considering implementation of risk-based gun removal programs. In addition, President Trump and the National Rifle Association recently endorsed these laws after another tragic mass shooting event. Given the rapidly shifting legislative landscape around this issue, this document limits its discussion to the Connecticut, Indiana, Washington, and California laws, which serve as illustrative examples of risk-based gun removal legislation.

Citation

Elissa Benedek et al., APA Resource Document on Risk-Based Gun Removal Laws, 37 Developments in Mental Health Law 6-16 (2018).
 

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