Citation

Gibbons MJ, Fan MD, Rowhani-Rahbar A, Rivara FP. Am. J. Public Health 2020; ePub(ePub): ePub.

Affiliation

Molly J. Gibbons and Mary D. Fan are with the University of Washington School of Law, Seattle. Molly J. Gibbons, Mary D. Fan, Ali Rowhani-Rahbar, and Frederick P. Rivara are with the Firearm Injury & Policy Research Program, Harborview Injury Prevention & Research Center, University of Washington, Seattle. Ali Rowhani-Rahbar is also with the Department of Epidemiology, School of Public Health, University of Washington, Seattle. Frederick P. Rivara is also with the School of Public Health and the School of Medicine, University of Washington, Seattle.

Copyright

(Copyright © 2020, American Public Health Association)

DOI

10.2105/AJPH.2019.305545

PMID

32191527

Abstract

Temporary transfers of firearms from suicidal persons is a strategy to reduce the incidence of suicide deaths. We discuss a barrier to the effective operation of voluntary temporary firearm transfer laws: the dearth of guidance on the liability for returning firearms to persons who voluntarily surrender them. We examine the laws of all 50 US states that regulate temporary surrenders of firearms and evaluate whether any provisions govern liability for returning temporarily surrendered firearms.Although 14 states create background check exceptions to permit temporary transfers of firearms from an owner to family, friends, retailers, or law enforcement, no states prescribe procedures for returning those firearms.ability for returning the firearms to people who voluntarily surrendered them.We recommend amending state laws to clarify the process and liability for returning temporarily surrendered firearms to the original owner. Such amendments would be intended to mitigate the potential chilling effect that lack of clarity and presumption of liability may impose on efficiently reducing firearm access to protect firearm owners at risk for suicide. (Am J Public Health. Published online ahead of print March 19, 2020: e1-e4. doi:10.2105/AJPH.2019.305545).

Language: en