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Which states prohibit certain people with serious mental illness from having firearms?

29 states have adopted this policy

AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

Mental Health Prohibitor

Alabama has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Alaska has not adopted this policy

Mental Health Prohibitor

Arizona has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Arkansas has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

California has adopted this policy

How long is a person prohibited by the state law?
5 years

Mental Health Prohibitor

Colorado has not adopted this policy

Mental Health Prohibitor

Connecticut has adopted this policy

How long is a person prohibited by the state law?
6 months

Mental Health Prohibitor

Delaware has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Florida has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Georgia has not adopted this policy

Mental Health Prohibitor

Hawaii has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Idaho has not adopted this policy

Mental Health Prohibitor

Illinois has adopted this policy

How long is a person prohibited by the state law?
5 years

Mental Health Prohibitor

Indiana has not adopted this policy

Mental Health Prohibitor

Iowa has not adopted this policy

Mental Health Prohibitor

Kansas has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Kentucky has not adopted this policy

Mental Health Prohibitor

Louisiana has not adopted this policy

Mental Health Prohibitor

Maine has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Maryland has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Massachusetts has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Michigan has not adopted this policy

Mental Health Prohibitor

Minnesota has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Mississippi has not adopted this policy

Mental Health Prohibitor

Missouri has not adopted this policy

Mental Health Prohibitor

Montana has not adopted this policy

Mental Health Prohibitor

Nebraska has not adopted this policy

Mental Health Prohibitor

Nevada has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

New Hampshire has not adopted this policy

Mental Health Prohibitor

New Jersey has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

New Mexico has not adopted this policy

Mental Health Prohibitor

New York has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

North Carolina has not adopted this policy

Mental Health Prohibitor

North Dakota has adopted this policy

How long is a person prohibited by the state law?
3 years

Mental Health Prohibitor

Ohio has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Oklahoma has not adopted this policy

Mental Health Prohibitor

Oregon has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Pennsylvania has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Rhode Island has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

South Carolina has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

South Dakota has not adopted this policy

Mental Health Prohibitor

Tennessee has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Texas has not adopted this policy

Mental Health Prohibitor

Utah has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Vermont has not adopted this policy

Mental Health Prohibitor

Virginia has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Washington has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

West Virginia has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Wisconsin has adopted this policy

How long is a person prohibited by the state law?
Indefinitely

Mental Health Prohibitor

Wyoming has not adopted this policy

What It Does

These policies prohibit gun possession by people who have been involuntarily committed to a psychiatric hospital or found to be a danger to themselves or others due to mental illness. While federal law already bars these individuals from having guns, a separate state prohibition is important to ensure the law is enforced properly. Most states offer a form of petition process for restoring gun rights when a person no longer poses a danger. A full discussion on who should be prohibited is here. 

The Impact

The federal law has been in place for over 50 years, and is a core public safety policy blocking gun access for people with an elevated likelihood of committing gun violence. The federal law, as with the laws of most states, does not cover people who are committed only for an emergency hold.

Mental Health Prohibitor

Policy adopted? How long is a person prohibited by the state law?
Alabama Indefinitely
Alaska —
Arizona Indefinitely
Arkansas Indefinitely
California 5 years
Colorado —
Connecticut 6 months
Delaware Indefinitely
Florida Indefinitely
Georgia —
Hawaii Indefinitely
Idaho —
Illinois 5 years
Indiana —
Iowa —
Kansas Indefinitely
Kentucky —
Louisiana —
Maine Indefinitely
Maryland Indefinitely
Massachusetts Indefinitely
Michigan —
Minnesota Indefinitely
Mississippi —
Missouri —
Montana —
Nebraska —
Nevada Indefinitely
New Hampshire —
New Jersey Indefinitely
New Mexico —
New York Indefinitely
North Carolina —
North Dakota 3 years
Ohio Indefinitely
Oklahoma —
Oregon Indefinitely
Pennsylvania Indefinitely
Rhode Island Indefinitely
South Carolina Indefinitely
South Dakota —
Tennessee Indefinitely
Texas —
Utah Indefinitely
Vermont —
Virginia Indefinitely
Washington Indefinitely
West Virginia Indefinitely
Wisconsin Indefinitely
Wyoming —
Show Citations and Footnotes
Source: Ala. Code § 13A-11-72(a), (o)(3); Ariz. Rev. Stat. §§ 13-3101, 36-540(A); Ark. Code Ann. § 5-73-103; Cal. Welf. & Inst. Code § 8100; Conn. Gen. Stat. § 53a-217c(a), 17a-495, 53a-13; Del. Code Ann. tit. 11, § 1448(a)(2); Fla. Stat. §§ 790.064(1), 790.065(2)(a)(4); Haw. Rev. Stat. § 134-7(a), (c); 720 Ill. Comp. Stat. § 5/24-3.1(4); 430 Ill. Comp. Stat. §§ 65/4(a)(2)(xv), (xvi), 65/8(n), (r), (t); Kan. Stat. Ann. § 21-6301; Me. Stat. tit. 15, § 393(1)(E); Md. Code Ann., Pub. Safety § 5-133; Mass. Gen. Laws ch. 140, §§ 129B, 131; Minn. Stat. § 624.713, subd. (3), (10)(iv); Nev. Rev. Stat. § 202.360(2); N.J. Stat. Ann. § 2C:39-7(a); N.Y. Penal Law §§ 400.00(1), 265.01, 265.00; N.D. Cent. Code § 62.1-02-01; Ohio Rev. Code Ann. § 2923.13(A)(5); Or. Rev. Stat. § 166.250; 18 Pa. Cons. Stat. § 6105; 11 R.I. Gen. Laws § 11-47-6; S.C. Code Ann. § 23-31-1040(A); Tenn. Code Ann. § 39-17-1307(f)(1)(C); Utah Code Ann. § 76-10-503; Va. Code Ann. § 18.2-308.1:3(A); Wash. Rev. Code § 9.41.040; W. Va. Code § 61-7-7(a)(4); Wis. Stat. § 941.29(1m)(e).

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