Limitation of the Right to Acquire and Possess Civilian Weapons for Medical Reasons: An Invitation to Discussion

Abstract

The paper analyzes the legal mechanism for issuing permits for the acquisition and possession of civilian weapons, defines the role of legal restrictions, including medical contraindications, in the state licensing and permitting policy. Based on the analysis of the reasons and conditions for deviant behavior with weapons, motives of crimes with the use of civilian weapons, it is concluded that the methods used to identify medical contraindications to the acquisition and possession of weapons are ineffective, and the list of contraindications is inadequate. The author provides a criminal law concept for assessing the impact of mental disorder on the assessment of behavioral risks. The author puts forward hypotheses about the need to take into account the propensity to violence, aggression, depression, suicidal manifestations, as well as the lack of formation of the regulatory mechanisms of the psyche when making a conclusion about the absence of medical contraindications to the possession of civilian weapons. The proposed amendments to the legislation on weapons will make it possible to identify and promptly prevent deviant, including suicidal, behavior of the owners of civilian weapons. The paper analyzes the existing methods and the choice of formalized psychodiagnostic techniques. It is proposed to use psychophysiological examinations to make informed conclusions about the absence of medical contraindications for using a weapon.