Which persons with mental illness can and can't buy guns

Many are concerned by proposals to create lists of persons with mental illness with the purposes of limiting access to guns. The question has arisen as to who is listed?

The following cites may help: 1968 Omnibus Crime Control Act, 1998 National Instant Criminal Background Check System (NICS)  excluded only people previously 'adjuticated as mentally defective' from owning guns. That phrase means there has previously been "A determination by a “court…or lawful authority that a person…is a danger to himself or others or lacks the mental capacity to contract or handle his own affairs” or "A finding of insanity in a criminal trial" It would include people who have been involuntarily committed, but not those who have been voluntarily hospitalized. Interestingly, it would include those who have previously been involuntarily committed due to substance abuse (some of whom have a higher propensity towards violence than persons with serious mental illness).


Many states have not provided the names of people who meet the criteria. As a result of Newtown, many are now questioning whether these limited criteria are appropriate. Many states also have criteria for gun ownership independent of the above criteria.

As long as states are compiling lists of individuals with serious mental illnesses who have previously been 'danger to self or others', we hope states will help those on the lists get treatment. They are some of the most seriously ill, and providing them treatment will save money, and keep patients, public and police healthier and safer.

 There is no effort I know of to prevent everyone who has ever been diagnosed with any mental mental illness to be banned from possessing guns. Hope this helps.

Also see our 5 point plan for the federal government to reduce gun and other violence by persons with mental illness.