Can Mental Incarceration As a Minor Remove Gun Rights?

Discussion in 'Firearms' started by Tyler Danann, Feb 15, 2017.

  1. Tyler Danann

    Tyler Danann Monkey+

    I lady friend of mine told me she was committed for psychiatric observation as a minor (under 18 years of age) for about a month. According to her she can't own guns, but I said that because she was a minor it might not count.

    What do the gurus say about this? Is she SOL or does she have a leg to stand on? IE would a background check reject her?

  2. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    If I recall correctly, this issue for her may be subject to the Brady Bill. We could not put kids in the Army due to them ever having any psychiatric care, including being on Ritalin and such....for ADHD and the like. The Brady Bill eliminated a lot of good folks their gun rights wrongly.
    Last edited: Feb 16, 2017
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  3. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    Tell you friend, that if she would like to try And get reinstated, she needs a LAWDog, to research the Federal & State Statutes, and see what her EXACT Status is, considering she was a Minor, at the time, and what the diagnosis was at the beginning, and end of the Commitment... She can patiton in Federal Court, to get her Rights reInstated, but it wouldn't be cheap....
  4. TnAndy

    TnAndy Senior Member Founding Member

    I'm not a lawyer, so take this as such. Seems to me there is a difference in possession of a firearm and passing a background check to buy a new one. The BATF (yellow) 4473 form asks on line j:
    "Have your every been adjudicated mentally defective, or have you been committed to a mental institution ?"

    Adjudicated means "did a court pass a ruling saying you're nuts ?" I'm guessing not in your friend's case.

    But the second part probably does apply. So I'd think she won't pass the background check TO BUY A NEW GUN FROM A DEALER.

    Now the question is: Does that also disqualify a person from simply OWNING a gun ?

    Say I give her one, or she does a private sale and no background check is required. Seems like a pretty gray area to me......yes the govt can disqualify you from a new sale, but does that necessarily translate to any sale/gift/inheritance/etc where a form 4473 is not a factor ?

    I know what I'd do......:rolleyes:
  5. Lone Gunman

    Lone Gunman Draw Varmint!

    Has your friend ever applied for a gun permit, or actually tried to purchase a firearm? (Hint: She should!) I think the best way to handle a situation like this is for her to attempt to complete a gun purchase.

    She'll be given all of the usual government questionnaire forms — Which she should be scrupulous about: fully, completely, and honestly answering each of the questions on — and the sale will either go through; or it will not be allowed to proceed.

    Her immediate obligation is simply to tell the whole truth. If she does end up being rejected then she'll still be given a chance to appeal; and, under the above described circumstances, your friend will be able to remove all the, 'mystery' and may only benefit herself by going through with the whole appeal process.

    (After which she may want to get a lawyer involved. So if she is rejected, or even thinks that she might be, she should make certain to retain copies of any and all forms she has signed.)
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  6. Tyler Danann

    Tyler Danann Monkey+

  7. Motomom34

    Motomom34 Monkey+++

    This does not seem right. She spent one month getting back on track and taking care of emotional issues and she is penalized for life. Who knows what the circumstances were. I had a friend in high school who was in a psych ward for a bit because she had bulimia, that is not a threat to anyone but she would fall under this ban from owning a gun.
  8. BTPost

    BTPost Stumpy Old Fart Snow Monkey Moderator

    @Motomom34 That is why she needs a LawDog, who can research her EXACT Status, under both State and Federal Statutes, as well as her Institutional Records.... Then if the .GOV insists on keep her on the NICS List, she can sue in Federal District Court to have her 2nd Amendment Rights Restored.....
  9. T. Riley

    T. Riley Monkey+++ Site Supporter++

    I would think if she was a minor at the time it shouldn't even show up on her record.
  10. Tully Mars

    Tully Mars Metal weldin' monkey

    Or she could just buy one off of armslist for cash and tell the .gov to go take a flying fornication at the moon and promise to respect them in the morning...
  11. mysterymet

    mysterymet Monkey+++

    I am not sure if ritalin is permanent dq from military if they are off it and can show that they are able to do well without it for over a year i think it is waiverable.
  12. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    Now days it just might be. Years ago when I was a recruiter, it was a DQ, everytime.
  13. mysterymet

    mysterymet Monkey+++

    Probably had to change it because so many kids get DX'd now...
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  14. shaman

    shaman Monkey+

    First off, commitment has to come through a court and second, it has to be involuntary for it to preclude purchase of firearms.

    It does not sound like either condition was met. Tell her to go buy a gun. I doubt there will be a problem unless what I've seen is not the whole story.

    You can be completely batcrap insane, but if you've always gone in-patient by signing yourself in, you're cool. It's also damned hard
    to get an involuntary commitment anymore without committing a crime. You can be committed for 72 hours in our state before you're supposed to go before a judge. In 72 hours most people can straighten themselves out enough to appear sane enough to pass muster. That 72 hours doesn't count for purchase of firearms. If you're a family member looking to commit someone you have to PROVE to the judge the loved one is insane and needs to be committed. The patient needs to prove nothing.

    BTW: If you ever get in a situation where you figure you're probably going to be committed anyway, sign the papers and do so voluntarily. In most instances, you'll be able to sign yourself out later. Otherwise you've lost all control and all chance of control. While you're pondering the choices, remember that there's probably a good reason why everyone around you wants you put behind a locked door. Stop listening to the Martians, take your pills, and try to get better.
    Yard Dart likes this.
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