FIREARMS AND THE MENTALLY-ILL - A LEGISLATIVE OVERVIEW AND JURISPRUDENTIAL ANALYSIS

This article examines federal and state laws that prohibit the mentall y ill from possessing firearms and assesses the jurisprudence that has developed as courts have applied the federal law. It argues that alth ough there is little or no empirical data linking the mentally ill wit h firearms violence, legislative activity and popular political debate invariably include such restrictions on the mentally ill. Notwithstan ding the proliferation of firearms and antecedent violence, this artic le suggests that legislators and policy-makers must separate this issu e from the broader and more emotional issue of ''gun control'' in orde r to effectuate better public policy and simultaneously protect the co nstitutional rights of the mentally ill.