California Firearms Law and Mental Illness

Abstract

California provides numerous pathways by which people with mental illness can qualify for a state-level firearm prohibition. The state's involuntary detention for psychiatric treatment, or "5150" (CA W&I Code 5150) process, is often cited as one potential mechanism for reducing violence by dangerous people, though its use is limited to people whose dangerousness is due to a mental illness. Additionally, California has taken legislative steps to prohibit firearm ownership among other people who have an increased risk of violence, regardless of whether or not mental illness is a factor. This article compares the California firearm ownership disqualification system for mental illness with the federal system and those of other states, examines the strengths and weaknesses of this system, and reviews alternatives.

Still Stigmatized? People’s Beliefs and Attitudes about Mental Illness and Dangerousness

“…Substance use disorder has been shown to be closely connected to risky and even violent behavior among mentally ill populations [6] [8]. The participants in this study also seemed to feel that drug addiction was at the top when it comes to dangerous and violent behavior.…”

“…One of the most clear-cut ways in which people are harmed by this negative thinking is in how they are socially isolated from others because they are so often looked at as if they are destined to act violently at some point. Even though most individuals with mental illnesses do not act violently toward others, they are very often seen this way and pushed aside [5] [6]. It is very common for people in the general public to believe that those with mental health disturbances are in some way dangerous [7] [8].…”