Understanding the Extent of NICS Mental Health Background Checks in Gun Purchases

When purchasing a firearm, individuals may be required to undergo a NICS mental health background check. This article aims to clarify the extent and criteria of such checks based on the National Instant Criminal Background Check System (NICS) and its relevant statutes.

The Scope and Criteria of NICS Mental Health Checks

The NICS check, part of the National Background Check System for Gun Purchasers, primarily examines judicial and arrest records. The system does not automatically indicate mental health issues unless the individual has been adjudicated mentally ill by a court or has been involuntarily committed to an institution for mental treatment or rehabilitation.

It is important to understand that prescribed medications for mental health conditions, such as antidepressants, do not categorically disqualify an individual from owning a firearm unless the patient has been officially labeled as “mentally ill” or involuntarily committed. For instance, my experience with mental health treatment did not leave an official record unless my doctors documented it, which is typically not included in background checks for firearm purchases.

The specific question asked during a NICS background check is straightforward: Has this person ever been adjudicated as legally insane or mentally incompetent to manage their affairs, or been involuntarily committed to an institution for mental treatment or rehabilitation? This question is based on the existence of official court or medical records, which are reported to three databases used by NICS to perform the background checks.

Factors that May Disqualify Ownership of a Firearm

Below are the factors that are permanent or indefinite bars to purchasing a firearm due to mental health issues:

Legal Insanity or Incompetence: If a judge declares someone legally insane or incompetent to manage their affairs, they may transfer their power of attorney to another individual. Such actions are formal judgments and can be grounds for disqualification. However, a temporary transfer for medical reasons like surgery usually does not result in a permanent ban. Reason of Insanity: A legal finding of insanity, such as a not guilty by reason of insanity (NGRI) verdict, can lead to a bar on firearm ownership. This is similar to a declaration of legal insanity but involves a contested legal process. Court-Ordered Inpatient Treatment: A judge may order inpatient treatment at a mental health facility, including substance abuse rehabilitation. While this does not necessarily imply legal insanity, it may still result in a temporary or permanent bar.

Factors That Do Not Disqualify Ownership of a Firearm

Not all mental health conditions or treatments are grounds for disqualification. The following factors do not automatically disqualify an individual from owning a firearm, though some may lead to temporary restrictions under state laws:

Outpatient Mental Health Care: Being under the care of a psychiatrist, psychologist, or a licensed mental health counselor does not disqualify a person, unless they have been officially declared legally insane. Involuntary Treatment Admission: Voluntary admission to an inpatient drug or alcohol rehabilitation center or mental health facility is not a disqualification. Psychoactive Medication: Being prescribed psychoactive medication for the treatment of a diagnosed mental illness does not disqualify a person. Recovery from Substance Abuse: Being a recovering drug addict or alcoholic is not a disqualification, provided the recovery was not prompted by a felony conviction or court-ordered inpatient rehab. Psychiatric Hold: A 72-hour psychiatric hold may temporarily bar firearm ownership if the person is not admitted during or at the conclusion of that observation period, but the person may regain their rights when the hold ends.

For individuals with a history of mental health conditions, it is crucial to understand the specific conditions under which firearm ownership would be restricted or disallowed. Individuals should consult local state laws and obtain legal advice to ensure compliance with firearm ownership regulations.