If I have been involuntarily committed before to a psych ward before and try to buy a gun what could the consequences be?

[John Smith]

I'm not certain I have been involuntarily committed because I've been to the psych ward a bunch of times but if I was I don't want to get in trouble if I do try to buy a gun.

 

[GeorgeJL]

I have a FOID card so I must not be crazy despite what some people here think. LOL No but seriously I just got my foid card about 2 weeks ago. I'm a good shooter too. I haven't been to a psych ward but I have been hospitalized for a suicide attempt.

 

[TAW122]

If you have been "involuntarily committed" (meaning that a judge/court order has decided that you must be sent to the psych ward against your will) then I'm sorry, you aren't able to purchase a gun legally. However, if you went voluntarily (on your own) then you will be able to safely answer NO to question 11.f on the ATF Form 4473. IANAL so please take this with a grain of salt and make sure you know the law and also consult an attorney to be sure. Also, if in doubt of your background/records, find a way to pull it up (maybe hospital records, background check) before you go to purchase a firearm (saving you lots of time, dignity and face, and also potential legal troubles).

 

[jules18]

If you have been "involuntarily committed" (meaning that a judge/court order has decided that you must be sent to the psych ward against your will) then I'm sorry, you aren't able to purchase a gun legally. However, if you went voluntarily (on your own) then you will be able to safely answer NO to question 11.f on the ATF Form 4473. IANAL so please take this with a grain of salt and make sure you know the law and also consult an attorney to be sure. Also, if in doubt of your background/records, find a way to pull it up (maybe hospital records, background check) before you go to purchase a firearm (saving you lots of time, dignity and face, and also potential legal troubles).

I've read the instructions for question 11 on the ATF form and it says you can't have a judicial order on you saying you are being treated inpatient or outpatient for psychosis. So technically speaking you can answer 'No' to 11f even if you were involuntarily hospitalized as long as you don't have an order or it's expired. They usually give 6 month long orders for psych patients during which time you can't buy a handgun. And the order doesnt say anything about shotguns either. I think it's worth a shot, if they deny you you can just show them the instructions and confirm you have no order.

 

[AngelGirl]

Was just wondering the same thing. But I was hospitalized voluntarily for attempting to ctb.

 

[IronTusk]

If you have been "involuntarily committed" (meaning that a judge/court order has decided that you must be sent to the psych ward against your will) then I'm sorry, you aren't able to purchase a gun legally. However, if you went voluntarily (on your own) then you will be able to safely answer NO to question 11.f on the ATF Form 4473. IANAL so please take this with a grain of salt and make sure you know the law and also consult an attorney to be sure. Also, if in doubt of your background/records, find a way to pull it up (maybe hospital records, background check) before you go to purchase a firearm (saving you lots of time, dignity and face, and also potential legal troubles).

You can still buy a firearm in a private firearm purchase if those are legal in your state(p2p). Just not from firearms dealer

Was just wondering the same thing. But I was hospitalized voluntarily for attempting to ctb.

Check your states gun laws. "Your state" gun laws wikipedia , then find private sales. You can even go to a different state and buy one privately in some cases if private sales are banned in your state. But bringing it back could very well be illegal

 

[sunny.sativa]

I'm not sure what the consequences are, but I was told after being filed under my last inpatient visit that I wouldn't be permitted to purchase a firearm for the proceeding five years. I don't know how they'd stop me, y'know, if I waltzed into a gun shop, how would THEY know that?

 

[IronTusk]

I'm not sure what the consequences are, but I was told after being filed under my last inpatient visit that I wouldn't be permitted to purchase a firearm for the proceeding five years. I don't know how they'd stop me, y'know, if I waltzed into a gun shop, how would THEY know that?

They run a background check

Was just wondering the same thing. But I was hospitalized voluntarily for attempting to ctb.

I wouldnt try getting a gun in nyc

 

[intheweeds]

Likely all that would happen if you failed the NICS (national instant criminal background check system) is they'll simply deny the sale.

It's definitely against the law but rarely do they prosecute. Especially if you're not a felon. It also does not tell the dealer why you were denied.

There's even a chance you won't show up in the system. Many places are terrible at reporting it to NICS: "It's up to local police, sheriff's offices, the military, federal and state courts, Indian tribes and in some places, hospitals and treatment providers, to send criminal or mental health records to the National Instant Criminal Background Check System, or NICS, but some don't always do so, or they may not send them in a timely fashion."

Some agencies don't know what to send; states often lack funds needed to ensure someone handles the data; no system of audits exists to find out who's not reporting; and some states lack the political will to set up a functioning and efficient" reporting process, experts said."

Gun background check system riddled with flaws

Many states still aren't meeting key benchmarks with their background check reporting.

www.pbs.org

 

[Bjsnode28]

I've seen it suggested a few times that if in doubt that you should run a background check yourself. How and where do you do this?

 

[itskindofafunnystory]

I'm in this situation. I've been involuntarily committed a couple times (due to attempts to ctb), so I'd fail the NICS check.

I want to use a gun because I want an instant, fool-proof method that I can do in private. Any advice?

 

[Winter_Flower]

In the UK you have no chance. I'm wanting to buy a shotgun for clay pigeon shooting and a doctor can't sign the paperwork to get a licence because of my mental health history, even if I hadn't attempted suicide I still couldn't get one. Simply being on antidepressants affects it too.

 

[TAW122]

Likely all that would happen if you failed the NICS (national instant criminal background check system) is they'll simply deny the sale.

It's definitely against the law but rarely do they prosecute. Especially if you're not a felon. It also does not tell the dealer why you were denied.

There's even a chance you won't show up in the system. Many places are terrible at reporting it to NICS: "It's up to local police, sheriff's offices, the military, federal and state courts, Indian tribes and in some places, hospitals and treatment providers, to send criminal or mental health records to the National Instant Criminal Background Check System, or NICS, but some don't always do so, or they may not send them in a timely fashion."

Some agencies don't know what to send; states often lack funds needed to ensure someone handles the data; no system of audits exists to find out who's not reporting; and some states lack the political will to set up a functioning and efficient" reporting process, experts said."

Gun background check system riddled with flaws

Many states still aren't meeting key benchmarks with their background check reporting.

www.pbs.org

I do find it rather ironic that in the US you can be deemed (adjudicated) mentally incompetent, and/or involuntarily committed by a court order (meaning that you aren't deemed rational due to mental capacity), yet still possibly prosecuted for trying to obtain a firearm despite being a prohibitive person. In other words what I am saying is that it doesn't make logical sense that on one hand one is deemed mentally unwell that forgoes judicial punishment (and assuming that they are still mentally unwell) but would still face legal punishment (prison time) for trying to purchase a firearm through an FFL. IANAL, but that's just how I see the situation, from a logical perspective.

TLDR - A person who is deemed mentally incompetent cannot be punished or held legally accountable, yet when the same said person attempts to purchase a firearm through an FFL and failing, they can be held legally accountable (assuming that they are still mentally incompetent). Thus, it is inconsistent and contradictory.

 

[Wayfaerer]

I do find it rather ironic that in the US you can be deemed (adjudicated) mentally incompetent, and/or involuntarily committed by a court order (meaning that you aren't deemed rational due to mental capacity), yet still possibly prosecuted for trying to obtain a firearm despite being a prohibitive person. In other words what I am saying is that it doesn't make logical sense that on one hand one is deemed mentally unwell that forgoes judicial punishment (and assuming that they are still mentally unwell) but would still face legal punishment (prison time) for trying to purchase a firearm through an FFL. IANAL, but that's just how I see the situation, from a logical perspective.

TLDR - A person who is deemed mentally incompetent cannot be punished or held legally accountable, yet when the same said person attempts to purchase a firearm through an FFL and failing, they can be held legally accountable (assuming that they are still mentally incompetent). Thus, it is inconsistent and contradictory.

Don't try to rationalize the US judiciary system, it is a mockery of justice.

 

[TAW122]

Don't try to rationalize the US judiciary system, it is a mockery of justice.

Indeed it is. Then again, I guess the legal system is a meme but also doesn't follow logic?