Firearm Prohibition for the Mentally Disabled

Status: Unfavorable

Repealed an amendment to the 2008 NICS Act which strengthened firearm prohibitions for potentially mentally unfit individuals.

 


In 2008, George W. Bush signed the bipartisan National Instant Criminal Background-Check System (NICS) Improvement Amendment Act, declaring that those who have been “adjudicated as a mental defective or been committed to any mental institution” would not be allowed to own a firearm (although individuals could apply for exemption).

 

In 2016, in the wake of the Sandy Hook Elementary mass shooting and to better comply with the NICS Act, the Social Security Administration issued a clarifying rule that it expected would apply to 75,000 individuals annually, by adding individuals receiving certain benefits based on their mental fitness to the prohibition list.

 

Status

Feb. 2nd, 2017  PARTIALLY REPEALED

Trump signed a bill nullifying the 2016 amendment.

Firearms Prohibition for the Mentally Disabled | Brookings Deregulation Tracker

 


Notables

 

  • The 2016 rule was put forth by President Obama following the Sandy Hook Elementary mass shooting.
Trump Signs Bill Revoking Obama-Era Gun Checks for People With Mental Illnesses | NBC (2.28.17)