Firearm Laws, Patients, and the Roles of Psychiatrists
Abstract
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Some States Require Licenses to Carry Firearms or to Carry Concealed Firearms
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Firearm Restrictions Related to Mental Illness, Alcohol, and Drug Abuse
Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined…has been acquitted of a crime on the grounds of mental disease, disorder, or defect…or is or has been diagnosed as having a significant behavioral, emotional or mental disorder as defined by the most current diagnostic manual of American Psychiatric Association or the treatment for organic brain syndrome. (15) [The term “mental defect” is a legal term of art referring to conditions such as mental retardation and dementia.]
Mental Health Data Banks
State Authority and the Physician’s Role
submits with his [or her] application an affidavit of a registered physician attesting that such a physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle, or shotgun, is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician. (25)
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