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Restoration of Firearm Rights in New York
Author(s) -
Fisher Carl E.,
Cohen Ziv E.,
Hoge Steven K.,
Appelbaum Paul S.
Publication year - 2015
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2171
Subject(s) - legislature , possession (linguistics) , state (computer science) , process (computing) , mental illness , mental health , suicide prevention , poison control , law , medicine , political science , psychology , psychiatry , medical emergency , computer science , philosophy , linguistics , algorithm , operating system
The National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 encouraged states to create processes by which individuals who have lost their rights to firearm possession for mental‐illness‐related reasons could receive relief from restrictions. Over 20 states have created relief processes for this sub‐group, but there still exists considerable state‐by‐state heterogeneity. The spectrum ranges from states that require a physician's opinion regarding appropriateness for restoration to those that rely solely on judicial proceedings without input from psychiatrists or other mental health professionals. This article reviews the restoration process in New York State, a model in which psychiatrists participate in the process of assessing whether an individual's firearm rights can be restored. It discusses the legislative background of these regulations, the specific policies and procedures governing the restoration process, and clinical considerations for the forensic evaluation. Copyright © 2015 John Wiley & Sons, Ltd.