Bridging the Gap Between Mental Illness and Firearms in Probate Courts

This comment will begin by looking at the pertinent background information and Texas’ current procedures for guns in probate. Next, this comment will address the current constitutional standard to pass for a state to regulate the Second Amendment. This comment will next mention the gun laws that would be relevant to the statute. This comment examines relevant standards of mental illness and the incapacity to own a gun. Afterwards, this comment will mention how other states may address the issue in probate. With the relevant background material mentioned, this comment will propose the law, and applicable amendments, to add to the Texas Estates Code. This comment will propose another amendment that would address possible resolutions if an heir is found to not have capacity. Additionally, this comment will cover any weaknesses or hurdles to passing the law. Lastly, this comment will conclude by summarizing the importance of the rule to the Texas probate system and the Texas Estates Code.