In the United States, a firearms background check typically includes a review of the potential buyer's criminal history, as well as whether they have been involuntarily committed to a mental institution or have been adjudicated as mentally ill. However, it is important to note that the specifics of background check requirements can vary depending on the state, as there are both federal and state laws governing this area.
Under the federal law, known as the Brady Handgun Violence Prevention Act, licensed firearm dealers must conduct a background check through the National Instant Criminal Background Check System (NICS) before selling a firearm. The NICS check aims to identify individuals who are prohibited from owning firearms, which includes individuals who:
- Have been convicted of certain crimes (e.g., felonies).
- Are subject to certain restraining orders or have a history of domestic violence.
- Have been adjudicated as mentally ill or involuntarily committed to a mental institution.
However, not all mental health records are included in the NICS database. The Health Insurance Portability and Accountability Act (HIPAA) privacy rules and various state laws may limit the sharing of certain mental health information for the purposes of the background check. Additionally, the criteria for disqualification related to mental health can vary by state.
It is important to emphasize that mental health advocates and experts have raised concerns about potential stigmatization and the importance of striking a balance between public safety and preserving the rights and privacy of individuals with mental health conditions.
As laws and regulations regarding firearms and background checks can change over time, it is always advisable to consult with legal experts or official sources to get the most up-to-date information on the subject.