Guns and the Law

Author:

Pirelli Gianni,DeMarco Sarah

Abstract

AbstractThis chapter provides medical and mental health professionals with essential information related to the intersection of guns and the law. The Second Amendment is reviewed, along with landmark rulings by the Supreme Court of the United States. Federal and state mental health–related prohibitions are addressed as well as those associated with domestic violence, including but certainly not limited to domestic violence–related protective (restraining) orders. “Red flag” laws are then addressed, which are more formally referred to as gun violence restraining orders and extreme risk protection orders, followed by a review of gun rights restoration and relief from disability mechanisms at the federal and state levels. The chapter concludes with an overview of reporting duties of medical and mental health professionals in the overarching risk context as well as particularly relevant gun ownership and safety laws (i.e., magazine capacity, storage, transportation, and right to carry).

Publisher

Oxford University PressNew York

Reference9 articles.

1. Consortium for Risk-Based Firearm Policy. (2013). Guns, public health, and mental illness: An evidence-based approach for state policy. Educational Fund to Stop Gun Violence. https://efsgv.org/wp-content/uploads/2014/10/Final-State-Report.pdf

2. Legal regulation of restoration of firearms rights after mental health prohibition.;Journal of the American Academy of Psychiatry and the Law,2018

3. Psychiatric evidence and due process in firearms rights restoration.;Journal of the American Academy of Psychiatry and the Law,2018

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