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 ...
February 28th, 2007 01:24 AM
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.
February 28th, 2007 01:32 AM
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.
February 28th, 2007 12:45 PM
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.
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February 28th, 2007 03:23 PM
Right. If no judge has issued commitment papers then no commitment has taken place.
February 28th, 2007 07:23 PM
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.
February 28th, 2007 07:32 PM
These types of posts can drive a person 'crazy'...
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March 1st, 2007 06:53 AM
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.
March 1st, 2007 09:37 AM
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.
March 2nd, 2007 08:49 PM
Originally Posted by 0.02
March 2nd, 2007 09:24 PM
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.
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March 2nd, 2007 10:31 PM
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.
March 3rd, 2007 05:46 AM
Any investigation of your medical records w/out signed consent is a violation of HIPPA.
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