Why Mental Health Background Checks Are Not Required for Purchasing Assault Rifles in the U.S.

The assertion that anyone can purchase an assault rifle or magazine in the U.S. without a mental health background check is a significant misunderstanding of the nation's firearm regulations and the nature of a free society. This article aims to clarify the legal framework surrounding firearm purchases in the U.S. and debunk the misconception that no such checks are in place.

Mental Health Background Checks in the U.S.

It is a common misconception that no mental health background checks are required when purchasing firearms. In reality, all firearm purchases in the U.S. are subject to background checks conducted by the FBI's National Instant Criminal Background Check System (NICS). These checks include specific disqualifying factors, one of which pertains to mental health.

The Brady Handgun Violence Prevention Act of 1993, Public Law 103-159, outlines several disqualifying factors, including mental health status. The disqualifying factors for receiving a firearm are:

A person adjudicated as a mental defective or involuntarily committed to a mental institution A person who is currently incompetent to handle their own affairs A person convicted of a crime that includes the use or attempted use of physical force or threat of a deadly weapon against an intimate partner or child of such partner A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year or a state offense classified as a misdemeanor punishable by more than two years imprisonment A person who is an unlawful user or addict of a controlled substance within the past year, or a person with multiple arrests for the use or possession of a controlled substance within the past five years, with the most recent arrest within the past year

Mental health checks are part of these background checks, and anyone who has been legally determined to be a danger to themselves or others would be barred from purchasing a firearm. However, the checks do not predict violent behavior but rather identify individuals who have already been judged as threats.

Regulation of Assault Rifles in the U.S.

Assault rifles, as a specific class of firearm, are subject to extremely stringent regulation. These weapons are regulated by the National Firearms Act of 1934, the Gun Control Act of 1968, and the Firearm Owners Protection Act of 1986. The Firearm Owners Protection Act of 1986 effectively banned the manufacture or importation of new automatic weapons for civilian use after May 19, 1986. As a result, only a small number of registered automatic weapons, largely from the 'assault rifle' class, were grandfathered in and are currently allowed for civilian ownership.

The process of obtaining a legal assault rifle for civilian use is extremely complex and expensive. Individuals must undergo a background check through the NICS, conduct a National Agency Check with 10-point fingerprinting, and find a licensed seller willing to transfer a registered automatic weapon. The cost of such a weapon ranges from $15,000 to over $70,000, and a federal transfer tax of $200 is also required. As a result, real legal assault rifles available for civilian purchase in the U.S. are very rare, very old, and extremely expensive, traded among the very wealthy.

Myth vs. Reality

It's important to clarify the false premises that underpin the original question:

Firearm Purchase Background Checks: These do include mental health checks, as outlined in the NICS disqualifying factors. Anyone Can Purchase an Assault Rifle: This is a misconception. The regulation process is highly rigorous, and only a small number of registered assault rifles are available for civilian ownership.

The fact that a mental health background check is necessary underscores the stringent nature of the regulatory framework in the U.S., ensuring that only individuals deemed to be of sound mind and not a risk to themselves or others can purchase firearms.

Conclusion

The assertion that anyone can purchase an assault rifle or magazine in the U.S. without a mental health background check is a significant misunderstanding. The nation's firearm regulations, including mental health background checks, are designed to prevent dangerous individuals from accessing firearms. The legal process for purchasing an assault rifle is complex and prohibitively expensive, ensuring that only a small, qualified number of individuals can acquire these weapons.