Legal requirements for purchase

[Daddy Warcrimes]

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.

[DefensiveCarry.com]

[Pete]

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.

[dr_cmg]

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.

[denverd0n]

Right. If no judge has issued commitment papers then no commitment has taken place.

[Daddy Warcrimes]

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.

[retsupt99]

These types of posts can drive a person 'crazy'...

ret

[Smooth23]

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.

[QKShooter]

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.

[nn]

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

[HotGuns]

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.

[echo5tango]

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.

[khanfam6]

Any investigation of your medical records w/out signed consent is a violation of HIPPA.