Will I be able to purchase a gun in Kansas?

Discussion in 'Legal and Activism' started by Travalanche, Oct 17, 2012.

  1. Travalanche

    Travalanche New Member

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    First of all hey I'm new :D okay on to the question.

    Basically I'm a 23 year old guy and am interested in buying my first gun, I was wondering if I would be allowed to for the following reason. When I was 16 I was quite the stupid kid and was taking drugs (otc pills), they had believed I was attempting suicide but I was actually doing it for a high and was sent to a psyche ward at a hospital by my parents for evaluation for 2 days and was found to not be mentally ill after explaining it.

    I do not know if it is still on my record and if it still matters as it was 7 years ago and I haven't had any run-ins with the law since or anything similar that has happened.

    I took a 10 question online pre-test out of curiousity and one of the questions was whether I had stayed in a mental institution so I clicked yes and I was told that I couldn't purchase a gun according to the site, (I think it was ask.com).

    I just don't see how something that happened almost a decade ago and lasted 2 days could affect me now but I am unsure. Is anyone an expert with this, if I am unable to hunt with my Father over something like this I am going to be pretty aggravated as we recently moved to the country and were looking forward to hunting on our new land.

    Also, I was sent to the actual hospital itself before the psyche ward because they pumped my stomach and a cop was watching me the entire time, that's as much as I can remember from the event.
     
    Last edited: Oct 17, 2012
  2. orangello

    orangello New Member

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    Interesting question, but more for an attorney to decipher if your youthful visit was an "involuntary commital". IOW, i am not a lawyer, but i would suggest you consult one about this important of a matter.

    I was thinking that it was only if the courts had you committed that you would be a "prohibited person".


    read this: http://www.atf.gov/publications/download/p/atf-p-5300-15.pdf page 6
     
    Last edited: Oct 17, 2012

  3. c3shooter

    c3shooter Administrator Staff Member

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    Not an attorney- am a gun collector. The question on the form 4473 has to do with being "adjudged mentally incompetent". That generally means that there is a formal hearing where is person is judged (by a judge or government appointed panel of doctors) to be mentally incompetent, and/or committed against their will for treatment of a mental illness, or ordered to undergo treatment.

    It does not refer to a person that is hospitalized for an evaluation, nor to a person that seeks medical assistance, counseling, etc of their own choice.
     
  4. texaswoodworker

    texaswoodworker New Member

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    I don't see why you couldn't own one. If you were not found mentally ill, you should be good to go. Asking an attorney that has dealt with gun laws before may be a good idea though.
     
  5. orangello

    orangello New Member

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    Just to be sure of your mental health: Did you vote for Obama?

    j/k ;)
     
  6. Travalanche

    Travalanche New Member

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    Thanks for the feedback everyone, I'm pretty sure it wasn't a court order and it wasn't a legal issue, it was because of my school, they had me do the evaluation after I was found on drugs now that I think about it.

    It seems I wasn't "committed" or anything so I should actually be fine, I will check with an attorney in the near future as well.
     
  7. Travalanche

    Travalanche New Member

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    Nope, I really don't care for either candidate to be honest.
     
  8. orangello

    orangello New Member

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    Many people agree with you on that. Sounds competent to me. :D
     
  9. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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    In Texas the normal route such things take is called an OPC, or Order of Protective Custody if handled in a hospital setting. A POEC is a Peace Officer's Emergency Commitment. Neither are an adjudication of insanity or mental disease. They are merely a legal mechanism to get someone into a mental health facility to be evaluated by doctors as to their danger to themselves or others. Generally 48 hours of involuntary confinement for evaluation. Most people are helped through their crisis, given medication and/or referrals to counselors.

    Such a temporary commitment does NOT preculde one from future firearms ownership.

    Remember though, the advise you get for free on the internet is probably worth every penny you paid for it. Consult with a competent attorney well versed in Mental Health laws and Firearms laws for a difinitive answer.
     
  10. Travalanche

    Travalanche New Member

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    Okay, I have talked to some people I know about this as well since posting and they all don't see why I couldn't buy one.

    I only have $300 saved up currently so I am still a ways off from being able to afford one but in the next paycheck or two I'll go ahead and try but if they don't let me I will then get a lawyer involved.
     
  11. Jpyle

    Jpyle New Member

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    Just my .02 but you may want to consult with an attorney before trying the purchase. He can counsel you on the state, federal and local requirements. Just because you can truthfully answer the 4473 questions doesn't mean a state or local background check won't turn up something negative, I don't know how your state works but here in New Jersey a separate Mental health record check is standard procedure. The other reason I suggest speaking with the attorney first is that it may be easier to clear whatever is there before getting a purchase denial than after...if you get denied now you have 2 problems to deal with.