after mental hospitalization?
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after mental hospitalization?


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Old 05-27-2013, 04:34 AM   #1
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Default after mental hospitalization?

I've been in a mental hospital several years ago, not sure if it was "involuntary" or not.

1. How can I find out if I am eligible to purchase a firearm? If I apply at a licensed dealer and it turns out that I am on the list of those who cannot purchase, will I be arrested for trying to obtain an illegal firearm? Is there some other way of finding out if I'm on that list?

2. If it turns out I have been "involuntarily" committed to a mental hospital, is there any way I can get my 2nd Amendment rights back? I mean, a felon could in theory be pardoned by the governor, but does anyone have the legal authority to "pardon" someone for a past mental illness?

I live in Kansas if that's important.
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Old 05-27-2013, 04:38 AM   #2
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You need to contact a lawyer, each State is different. You would not be able to purchase I firearm legally in my part of the world.
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Old 05-27-2013, 04:45 AM   #3
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As I understand it you cannot legally purchase a firearm in the US. Question f. on form 4473 asks:

Quote:
f. Have you ever been adjudicated mentally defective
(which includes a determination by a court, board, commission, or other lawful
authority that you are a danger to yourself or to others or are incompetent to manage your own affairs)
OR
have you ever been
committed to a mental institution?
(See Instructions for Question 11.f.)
Voluntarily or involuntarily you have been committed and as I understand it that disqualifies you. As Jagermeister said, you need to talk to a lawyer.
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Old 05-27-2013, 04:45 AM   #4
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Quote:
Originally Posted by davi View Post
I've been in a mental hospital several years ago, not sure if it was "involuntary" or not.

1. How can I find out if I am eligible to purchase a firearm? If I apply at a licensed dealer and it turns out that I am on the list of those who cannot purchase, will I be arrested for trying to obtain an illegal firearm? Is there some other way of finding out if I'm on that list?

2. If it turns out I have been "involuntarily" committed to a mental hospital, is there any way I can get my 2nd Amendment rights back? I mean, a felon could in theory be pardoned by the governor, but does anyone have the legal authority to "pardon" someone for a past mental illness?

I live in Kansas if that's important.
i second the suggestion of contacting a lawyer versed in firearms law.

my take and this is strictly an opinion and observation, not to be used as a final word, so contact a lawyer to be sure, but unless you were committed by a judge or placed in one by law enforcement for your protection or others, then there is probably no record of you being commited. lots of people commit themselves for many reasons, due to depression, alcohol, drugs or other reasons. when you commit yourself, it's no different than going into the hospital for a gall bladder surgery.

but do check with a lawyer to be on the safe side.
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Old 05-27-2013, 04:47 AM   #5
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Welcome to FTF Davi! Get a lawyer!

never thought I'd say that...
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Old 05-27-2013, 05:17 AM   #6
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Short answer, no

Long answer, money is grease. Lots of stuck, squeaky wheels takes lots of grease.

If you have the money, and you want the past changed, that sort of thing is done all the time.

Not rich, back to the short answer.

Last edited by AR10; 05-27-2013 at 05:22 AM.
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Old 05-27-2013, 05:21 AM   #7
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So Davi, tell us a little more about yourself. What was the reason you were in the hospital? Was there a diagnosis of any kind? And why would you want to buy a gun now?
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Old 05-27-2013, 05:31 AM   #8
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Also, an incorrect answer on the yellow sheet (white now, but dealers still call them the yellow sheet) will get you three hots and a cot for about ten years.

Asking an attorney a question, and living with the aftermath could make the attorney more money for him and his jackel buddies watching you bounce through the system.

Get a pitbull. They make good companions and you can trust them.
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Old 05-27-2013, 06:15 AM   #9
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Answering yes to mental health question doesnt absolutly disqualify you. You have to explain to the pd and on thr form. They will make you go to a psychologist to get cleared to see if you are eligable. Goodluck
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Old 05-27-2013, 06:22 AM   #10
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Quote:
Originally Posted by dickie3625 View Post
Answering yes to mental health question doesnt absolutly disqualify you. You have to explain to the pd and on thr form. They will make you go to a psychologist to get cleared to see if you are eligable. Goodluck
Here is the exact language from Form 4473:

Quote:
Section B - Must Be Completed By Transferor (Seller)
18. Type of firearm(s) to be transferred
(check or mark all that apply)
:
Other Firearm
(Frame, Receiver, etc.
See Instructions for Question 18.)
19. If sale at a gun show or other qualifying event.
Name of Event
Questions 21, 22, or 23 Must Be Completed Prior To The Transfer Of The Firearm(s)
(See Instructions
for Questions 21, 22 and 23.)
21a. Date the transferee’s identifying information in Section A was transmit-
ted to NICS or the appropriate State agency:
(Month/Day/Year)
21c. The response initially provided by NICS or the appropriate State
agency was:
Proceed
21d. If initial NICS or State response was
“Delayed,”
the following
response was received from NICS or the appropriate State agency:
21b. The NICS or State transaction number
(if provided)
was:
No resolution was
provided within 3 business days.
22. No NICS check was required because the transfer involved only National Firearms Act firearm(s).
(See Instructions for Ques
tion 22.)
23. No NICS check was required because the buyer has a valid permit from the State where the transfer is to take place, which qu
alifies as an
exemption to NICS
(See Instructions for Question 23.)
Section C - Must Be Completed Personally By Transferee (Buyer)
I certify that my answers to the questions in Section A of this form are still true, correct and complete.
24. Transferee’s/Buyer’s Signature
25. Recertification Date
If the transfer of the firearm(s) takes place on a different day from the date that the transferee
(buyer)
signed Section A, the transferee must complete
Section C immediately prior to the transfer of the firearm(s).
(See Instructions for Question 24 and 25.)
I certify that my answers to Section A are true, correct, and complete. I have read and understand the Notices, Instructions,
and Definitions
on ATF Form 4473. I understand that answering “yes” to question 11.a. if I am not the actual buyer is a crime punishable as a
felony under
Federal law, and may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions
11.b. through
11.k. is prohibited from purchasing or receiving a firearm.
I understand that a person who answers “yes” to question 11.l. is
prohibited from
purchasing or receiving a firearm, unless the person also answers “Yes” to question 12. I also understand that making any fals
e oral or
written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punish
able as a felony
under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms
for the purpose
of resale for livelihood and profit without a Federal firearms license is a violation of law
(See Instructions for Question 16).
The mental health question is 11 f.
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