Nina A. Kohn, J.D., is the David M. Levy professor of law at Syracuse University and the Solomon Center Distinguished Scholar in Elder Law with the Solomon Center for Health Law & Policy at Yale Law School. She earned her A.B. from Princeton University and her J.D. from Harvard Law School.
J Law Med Ethics. 2020 Dec;48(4_suppl):133-136. doi: 10.1177/1073110520979413.
This article shows how state guardianship law can provide a mechanism for courts to reduce gun violence by removing the right to possess firearms from individuals found, after hearing and due process, to be incapable of safely possessing them. It explores how this often overlooked body of law not only complements extreme risk protection orders where they exist, but can also be used to accomplish a portion of what such orders are designed to do in states that have not authorized them. It concludes by suggesting some modest adjustments to guardianship law and practice that would help ensure that guardianship systems interventions in this arena are fair and effective.
本文展示了州监护法如何通过从听证和正当程序后被认定为无法安全持有枪支的个人手中剥夺拥有枪支的权利，为法院减少枪支暴力提供机制。本文探讨了这一经常被忽视的法律体系不仅如何补充在其存在的地方的极端风险保护令，还可以用于在尚未授权此类命令的州完成其中一部分的任务。本文最后提出了对监护法律和实践的一些适度调整建议，以帮助确保监护制度在这一领域的干预是公平和有效的。
