Gun rights restoration in Virginia: Policy review and current reform efforts

Federal and state laws currently include categorical restrictions of gun rights for people with a history of mental health adjudication. The categorical restriction may be ineffective and discriminatory, and could be subject to constitutional challenge, but is unlikely to be eliminated altogether. An alternative “backdoor” solution to the problem may be to institute permissive rights-based restoration policies, placing the burden on the state after a designated period of time to show evidence that a previously-disqualified individual poses a future risk to public safety in order to justify continued restrictions. Such policies must balance public safety concerns and individual rights, and should be informed by research evidence on the specific predictability of violence and suicide. What is the nature of such evidence and how should it be applied to develop criteria for gun rights restoration policies that are effective and fair? What are the best clinical and judicial models for such policies? What is the appropriate role for mental health clinicians and scope of their testimony in gun rights restoration proceedings? What are the advantages and drawbacks of different approaches to risk assessment for gun rights restoration? Is there a tension between a “rights-based” and “public-safety-based” posture in considering gun access restrictions and restoration, and how might public-health-minded clinicians and policy-makers resolve it? A Virginia task force is considering such questions in an effort to develop a model law and policy for gun rights restoration in the Commonwealth. The presentation will include a preliminary report from the task force.