FIREARMS: The law on mentally ill

This is just a partial rebuttal to the letter written by Gary Edwards concerning militias in Idaho.

While there several statements that are incorrect in the letter, I would like to address his statement concerning mentally ill people owning guns. I will give him the benefit of the doubt here and try an “education first” approach.

First of all, any individual that has been adjudicated as mentally incompetent/ill may NOT own or be in possession of any firearm. I believe that goes back to the Clinton administration and the Gun Control Act of 1984 which established the National Criminal Instant Background Check (I think I got that in order).

Now, if you have not been adjudicated there is no information sent to the FBI since they manage the system and allow/disallow any gun purchase that has a background check done. The previous (Trump) administration DID NOT change that gun control act in any way.

What did happen was the Veterans Administration was barred from arbitrarily and capriciously submitting the names of any of their clients to the FBI database unless they were adjudicated as mentally incompetent.

This came about because several (many?) clients had their names submitted because they had a disability and needed help with their finances and other day-to-day activities where an assistant just made their lives easier. As such, their Second Amendment rights were abridged at the whim of a hospital/clinic/facility administrator.

There was no change to the law. People adjudicated as being mentally incompetent/ill STILL CANNOT possess a firearm.

STAN FAVINI

Hayden