interchange
Diamond Member
This is an interesting and valid concern. I would be interested to know what percentage of people factor gun purchases into their mental health decisions though, my gut says not that many but it's probably very regional.
That would be, I think, nearly impossible to determine. Such operational biases are likely unconscious anyway. But as a reference to my personal experience, I am in a very high gun ownership region.
It's definitely constitutional to remove 2nd amendment rights on the basis of mental illness. As a psychiatrist you well know that not only can we deprive them of 2nd amendment rights, but we can effectively imprison someone for quite a long time on the basis of their mental illness, take their money away and give it to a conservator, etc, etc. Not being able to buy a gun due to mental illness? That's an easy hurdle.
This is not the same thing. The scenarios you describe:
1. Involuntary commitment (specific laws are state dependent) requires evidence of imminent threat to self or others. To be legal, you must detain someone with evidence that not doing so will result in significant imminent likelihood of killing them or someone else. You cannot also imprison someone for "quite a long time" without a court order. Your time without a court order could be anywhere from 2 days or 2 weeks depending on the individual state's statutes.
2. Guardianship and conservatorship have nothing to do with mental illness per se, merely competence, and of course require a court order.
Essentially, I would have no problem with a law that allows people to petition the court to determine if someone is competent to possess a firearm.
But a blanket ban for a class of individuals? No bueno.
Studies have shown a significant relationship between gun laws and gun deaths. It would appear that the legality of a gun purchase is a factor for people so no, I do not believe it is rendered moot. (there are more studies if you are interested)
http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2015.302703
Nah. I agree with you. I went to far. But I do think it is worth noting that someone highly motivated to kill another person can get access to firearms.