Printz v. United States
United States Supreme Court case
Printz v. United States, 521 U.S. 898 (1997), was a United States Supreme Court case in which the court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution.
Background
The Gun Control Act of 1968
The Gun Control Act of 1968 (GCA), Pub. L 90-618 and subsequent amendments established a detailed federal program governing the distribution of firearms. The GCA prohibited firearms ownership by certain broad categories of individuals thought to pose a threat to public safety: convicted felons, convicted misdemeanor domestic violence or stalking offenders, persons with an outstanding felony warrant, fugitives from justice, unlawful aliens, persons with court-mandated protective orders issued against them, persons who have been involuntarily committed to a mental health facility, adjudicated mentally ill by a court, and others.
Persons disqualified from firearms ownership for mental health reasons can apply to have this disability removed. States that do not maintain an application process to allow persons disqualified for mental health reasons to obtain relief from firearms prohibition face Justice Assistance Grant penalties. Section 105 of the NICS Improvement Amendments Act of 2007 (NIAA), cited as Pub. L. 110–180, § 105, provides for restoration of firearm ownership rights in mental health cases. Under NIAA it is up to each U.S. state to come up with its own application process; thus the procedure to regain one's rights varies from state-to-state.
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