f) Is currently suffering or has been adjudicated as follows, based on substantial evidence:(i) Lacking mental capacity as defined in section 18-210, Idaho Code;(ii) Mentally ill as defined in section 66-317, Idaho Code;(iii) Gravely disabled as defined in section 66-317, Idaho Code; or(iv) An incapacitated person as defined in section 15-5-101(a), Idaho Code.I can't find any state law that specifically prohibits such persons from possession of a firearm at home, or for that matter, while openly carrying. My first spot check of laws in several states suggests that many states either restrict firearms disability for the mentally ill and retarded just to handguns, or only for carry licenses. Even states that do have such laws seem to have adopted them surprisingly recently: 1957 for California; 1966 for New Jersey; 1968 for Illinois -- although 1932 for the District of Columbia. My guess is that most of these first mental illness disability laws are associated with deinstitutionalization of the mentally ill.
For this upcoming University of Connecticut law review article, I am trying to determine when the first state laws are passed that disable the mentally ill or retarded from possession of firearms. That means first of all finding out which states have such firearms disability laws today, and then trying to hunt back through the statutory history. As I said: not all states have them.
This table from Psychiatry Online lists state laws regulating mental illness, alcoholism, and drug addiction that prohibit firearms possession by those suffering from these. However, the table is somewhat misleading; it includes many examples like Idaho Code 18-3302, which are only prohibitions on issuance of licenses.
Would like your name in the acknowledgements for a law review article? I need people to grab a few states each (maybe even states in which you live), and determine which of the listed statutes actually prohibit firearms possession, as distinguished from firearms carrying outside one's home or land. I need to know:
1. If any of the specified statutes completely prohibit possession by the mentally ill or retarded.
2. Which statutes apply in this case.
3. If a statute only prohibits issuance of a carry license, which statute that is.
4. Ideally, if you can find the first year that this statute took effect.
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