Student Note: Finding a Cure to Gun Violence: How Improving America's Mental Health System Could Prevent Future Gun Violence

Authors

Paige Goodwin, Belmont University College of Law

Abstract

This Note will demonstrate how gun control legislation aimed at individuals with mental illnesses has been politically untenable and ineffective at preventing incidents of gun violence. Section II of this Note will introduce the history of both federal and state laws regulating gun control, highlighting those targeting individuals with mental health issues and examining major flaws in the legislation that undermines the federal background check system.

Next, Section III will explain why existing gun legislation is unworkable and ineffective, specifically addressing the discrepancies between various state and federal laws and the barriers to mental health treatment that further hinder gun control. Lastly, Section IV will argue that rather than targeting individuals with mental illness through gun control legislation, legislation should be focused on improving the mental health system to ensure that at-risk individuals receive both the treatment and support necessary. Only then will legislatures develop workable solutions that will deter gun violence.

Recommended Citation

Goodwin, Paige (2021) "Student Note: Finding a Cure to Gun Violence: How Improving America's Mental Health System Could Prevent Future Gun Violence," Belmont Health Law Journal: Vol. 4, Article 4.
Available at: https://repository.belmont.edu/healthlaw/vol4/iss1/4