Incapacity and the Second Amendment

Florida elder law and estate planning attorney Carla-Michelle Adams observes that state laws, such as that of her home state, are often silent on whether a guardianship determines the right of a ward to possess or access guns.  In an editorial column for the Florida Bar Journal in December 2013, “Grandparents, Guns and Guardianship: Incapacity and the Right to Bear Arms,” she urges clarification of state laws to avoid confusion under the Constitution, and contends that guardianship orders should specifically address gun posession: 

“It is imperative that the right to bear arms is effectively removed by order of the court upon a finding of incapacity as a preventative measure for the ward and the community at large. Without legislation specifically indicating that the right to bear arms shall be subject to elimination upon a finding of incapacity, there is a question as to whether the Second Amendment right is subject to retention by the mentally incapacitated ward; the [Florida] statute is ambiguous to this end.”