Legal requirements for purchase

This is a discussion on Legal requirements for purchase within the General Firearm Discussion forums, part of the Related Topics category; Here's a new one to me: The law requires that a person "(4) has been adjudicated as a mental defective or has been committed to ...

Results 1 to 12 of 12

Thread: Legal requirements for purchase

  1. #1
    Senior Member Array Daddy Warcrimes's Avatar
    Join Date
    Jun 2006
    Location
    AZ
    Posts
    736

    Legal requirements for purchase

    Here's a new one to me:
    The law requires that a person "(4) has been adjudicated as a mental defective or has been committed to any mental institution; " cannot purchase a firearm.

    Does anyone know the legal definition of a person that "has been committed to any mental institution"?

    Specifically: has a person, who as a child, was taken to a hospital for evaluation because this person's legal guardian at the time says he/she is "crazy" or "suicidal" been "committed" in a legal sense? Is it the case even if no dissorder is diagnosed?

    If such is the case, that would enable parents to permenatly prohibit their children from buying firearms forever. This seems unlikely but I'm no expert.
    "and suddenly I can not hold back my sword hand's anger"

    DaddyWarcrimes.com

  2. Remove Ads

  3. #2
    Ex Member Array Pete's Avatar
    Join Date
    Dec 2006
    Location
    USA
    Posts
    2,570
    IANAL, but my reading of that clause is that it relates to the adult, not whatever happened to that adult before maturity.
    And anyway, last time I really sat down and thought about it, everyone I've ever met was mad.

  4. #3
    VIP Member
    Array dr_cmg's Avatar
    Join Date
    Feb 2006
    Location
    Alabama
    Posts
    10,811
    To be committed would require a responsible entity, parents or court, sign legally binding committment papers. Evaluation is not committment in the same way going to the emergency room at a hospital is not admission. The results of evaluation could be the recommendation that the child be committed. Then the committment procedures would have to be followed. Committment is a formal transaction.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  5. #4
    Member Array denverd0n's Avatar
    Join Date
    Jun 2006
    Location
    Florida
    Posts
    388
    Right. If no judge has issued commitment papers then no commitment has taken place.

  6. #5
    Senior Member Array Daddy Warcrimes's Avatar
    Join Date
    Jun 2006
    Location
    AZ
    Posts
    736
    Alright, that sounds a bit more reasonable.

    Is that something that would come up on the NICS? If so I would think trying to purchase would be the perfect way to check.
    "and suddenly I can not hold back my sword hand's anger"

    DaddyWarcrimes.com

  7. #6
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,497
    These types of posts can drive a person 'crazy'...

    ret
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  8. #7
    Member Array Smooth23's Avatar
    Join Date
    Nov 2006
    Location
    Michigan
    Posts
    294
    As it would be a health record I believe the pistol powers to be wouldn't have access. I believe on my michigan app there was just another spot to sign that said you vow never to have been commited.

  9. #8
    Administrator
    Array QKShooter's Avatar
    Join Date
    Dec 2004
    Location
    Off Of The X
    Posts
    35,093

    Post

    Ditto that a judge would have to rule that the individual was considered to be mentally defective by legal definition and/or actually committed to a mental institution like Nancy Pelosi probably was.

  10. #9
    VIP Member
    Array nn's Avatar
    Join Date
    Aug 2006
    Location
    NC
    Posts
    7,119
    Quote Originally Posted by 0.02 View Post
    IANAL, but my reading of that clause is that it relates to the adult, not whatever happened to that adult before maturity.
    And anyway, last time I really sat down and thought about it, everyone I've ever met was mad.
    Honk Honk

  11. #10
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,837
    I thought that the language said it had to be an "involuntary" commitment to the institution.

    In Arkansas we have to sign a form that gives the ASP the right to check medical records for that.
    The further a society drifts from the truth, the more it will hate those that speak it...- George Orwell

    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  12. #11
    Member Array echo5tango's Avatar
    Join Date
    Jul 2006
    Location
    NOLA
    Posts
    275
    i'll echo what's already been said just to give it more validity ... you can check yourself into a mental institution all you want; it doesn't "count" until a judge rules you (i.e. adjudicates you) mentally defective.


    i personally know someone who was "committed" yet flew through the NICS check. they were never, nor have they ever been, adjudicated mentally defective, and therefore, it never showed up on the NICS check.

    as far as arkansas having the "right" to see my medical records ... they can eat my shorts before they'd ever get access to my medical records. what i may or may not have said to a shrink is supposed to be protected.

    not to sound insensitive and IMHO, but little johnny telling the doc about how his dad yelled at him too much should not in any way have any impact whatsoever on his ability to protect himself.

  13. #12
    Member Array khanfam6's Avatar
    Join Date
    Nov 2006
    Location
    Phila,PA
    Posts
    48
    Any investigation of your medical records w/out signed consent is a violation of HIPPA.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Prepaid Legal Services as legal defense?
    By Olsen in forum The Second Amendment & Gun Legislation Discussion
    Replies: 12
    Last Post: September 9th, 2010, 02:38 PM
  2. Legal age in FL for shooting at the range without legal guardian
    By cmdrdredd in forum General Firearm Discussion
    Replies: 6
    Last Post: May 10th, 2010, 03:51 PM
  3. FL CC Permit. Handgun Purchase In NC Legal?
    By oldees72 in forum General Firearm Discussion
    Replies: 5
    Last Post: August 27th, 2009, 01:00 PM
  4. Legal Requirements When Given A Gun
    By ArmyMajRet in forum General Firearm Discussion
    Replies: 12
    Last Post: July 21st, 2009, 10:18 PM
  5. MI State Police Firearm FAQ Legal Update - Open Carry LEGAL in MI and other good stuf
    By Cupcake in forum Concealed Carry Issues & Discussions
    Replies: 30
    Last Post: August 12th, 2008, 02:10 AM

Search tags for this page

(4) has been adjudicated as a mental defective

,

has been committed to any mental institution nc definition

Click on a term to search for related topics.