[Jay24bal]

Why couldn't it be an employment issue? I assume it's not an ideal test case, but couldn't someone who would fail a mental illness part of the 4473 form apply to be an armed bank/truck guard and then have standing when denied employment based on their mental health prohibition to firearms?

***I am not a licensed attorney (although I did go to law school), but from what I recall, here is why I think this would not work. I am sure someone more qualified will be along to confirm or deny my understanding.***

The ADA allows for "reasonable accommodations" to be made for someone in order to perform their job (a special keyboard or chair in order to work at a desk). It means that if the accommodation is NOT an essential part of the job and the accommodation will NOT compromise performance, then the employer generally needs to comply.

In this case, being armed is a necessary requirement for the position, so they would not have to make an accommodation. It is not discriminatory to a mental health issue as someone with a felony conviction or any of the other excluding factors would also not able to perform this job since they can not own a gun and carrying a gun is a necessary requirement to perform the job.