Gun ownership

[texaswoodworker]

What is the name of your state (only U.S. law)?
Texas

Hello. I had a question for someone familar with gun laws. I was admitted to a mental hospital for 2-3 weeks when I was about 11 and I was wondering if that would cause any problems with me trying to purchase a hunting rifle. I am now 19 and have been in no trouble since I was released.

Thanks

 

[Free_Advice]

should not be an issue

 

[mistoffolees]

should not be an issue

Wrong.

Most States Say Mental Illness Reason to Bar Gun Ownership

Texas law prohibits the ownership and carrying of guns by those with certain psychiatric diagnoses, including schizophrenia, delusional disorder, bipolar disorder, chronic dementia, dissociative identity disorder, intermittent explosive disorder, and antisocial personality disorder. In addition, gun restrictions are in place for five years following an involuntary psychiatric hospitalization, inpatient or residential treatment for substance abuse, diagnosis of alcohol or drug dependence, or diagnosis of mental illness by a licensed physician.

So, the correct answer is that it depends on the diagnosis and that for MANY diagnoses, OP may be prohibited from owning a gun.

 

[swalsh411]

Just to be clear, OP is asking if this will present a problem when trying to purchase the gun, not if it is legal for him to own it.

I guaruntee you that it will not present any problem if you purchase from an individual because private party rifle sales in Texas do not require a background check.

 

[texaswoodworker]

Wrong.

Most States Say Mental Illness Reason to Bar Gun Ownership


So, the correct answer is that it depends on the diagnosis and that for MANY diagnoses, OP may be prohibited from owning a gun.

I don't think I was actually diagnosed with anything. I do not remember seeing a doctor privately other than a check up. Most of what they did was stuff like give us don't do drug lectures and a sort of group thearapy type thing. It was released after a few weeks and had no type of check up or anything. Nobody has ever even mentioned it since then.

I think the reason I was sent there was because I was a mean little brat back then and they (DHS) thought I had some kind of underlying mental reason for that. I don't think I did. I just acted out a lot. (Which I quit doing after I turned 13 so I have been in no legal/serious trouble since.)

 

[mistoffolees]

Just to be clear, OP is asking if this will present a problem when trying to purchase the gun, not if it is legal for him to own it.

That's a stupid argument. It is illegal in TX to own a gun if you have any of the conditions listed. If he buys a gun, then he becomes the owner. That is illegal.

I guaruntee you that it will not present any problem if you purchase from an individual because private party rifle sales in Texas do not require a background check.

Please do not recommend that people commit crimes. What you're arguing is that even if it's illegal for him to own a gun, he might be able to get away with it by buying from a private party. That is illegal.

 

[texaswoodworker]

Just to be clear, OP is asking if this will present a problem when trying to purchase the gun, not if it is legal for him to own it.

I guaruntee you that it will not present any problem if you purchase from an individual because private party rifle sales in Texas do not require a background check.

Yes, that is how I worded it. I also wanted to know if it will be legal. I'm hoping that that stay in the hospital is not even on my record anymore.

 

[mistoffolees]

I don't think I was actually diagnosed with anything. I do not remember seeing a doctor privately other than a check up. Most of what they did was stuff like give us don't do drug lectures and a sort of group thearapy type thing. It was released after a few weeks and had no type of check up or anything. Nobody has ever even mentioned it since then.

I think the reason I was sent there was because I was a mean little brat back then and they (DHS) thought I had some kind of underlying mental reason for that. I don't think I did. I just acted out a lot. (Which I quit doing after I turned 13 so I have been in no legal/serious trouble since.)

I really doubt that you were locked up in a mental institution simply because DHS thought you were a brat.

You need to find out what the diagnosis was. Then consult with an attorney to see if you are able to own a gun (I suspect that the list I provided was incomplete). Since the list of disorders that bar gun ownership is fairly broad, chances are pretty good that your gun-owning days are over before they start.

 

[texaswoodworker]

I really doubt that you were locked up in a mental institution simply because DHS thought you were a brat.

You need to find out what the diagnosis was. Then consult with an attorney to see if you are able to own a gun (I suspect that the list I provided was incomplete). Since the list of disorders that bar gun ownership is fairly broad, chances are pretty good that your gun-owning days are over before they start.

I'm serious about DHS doing that. I was a little violent (not enought to hurt anybody plus I was 11) I was destructive, rude, and hateful. (Luckily, I'm the exact opposite now)

Also, does it help my situation that I was living in OK at the time and was sent to a OK hospital?

I guess I'll consult with an attorney. Does it cost anything just to ask them a question like this? (I know nothing about lawyers and attorneys) Could I just go try to buy a gun and see if this is even an issue?

 

[swalsh411]

Please do not recommend that people commit crimes. What you're arguing is that even if it's illegal for him to own a gun, he might be able to get away with it by buying from a private party. That is illegal.

I'm not recommending anybody break the law. You brought that up, not me. I simply said that private party rifle says in Texas do not require a background check. If you don't like it, move to Texas and try and get the law changed.

edit: Many people own guns that were purchased through legal private party sales. Some people prefer not to ask permission to exercise a right.

 

[mistoffolees]

I'm not recommending anybody break the law. You brought that up, not me. I simply said that private party rifle says in Texas do not require a background check. If you don't like it, move to Texas and try and get the law changed.

edit: Many people own guns that were purchased through legal private party sales. Some people prefer not to ask permission to exercise a right.

You said that he could buy a gun through a private party sale and there wouldn't be a problem. If he has any of the listed illnesses, that would be illegal. Your suggestion that he circumvent the background checks by buying through a third party is most certainly a recommendation that he break the law.

 

[swalsh411]

You said that he could buy a gun through a private party sale and there wouldn't be a problem. If he has any of the listed illnesses, that would be illegal. Your suggestion that he circumvent the background checks by buying through a third party is most certainly a recommendation that he break the law.

I must have missed the part about something in the OP's background disqualifying him from owning a gun. Would you care to point it out?

And even if the OP was disqualified my answer is still correct. He would not need to pass a background check in order to purchase a gun from a private party. He wasn't asking about the lawfullness of owning that gun.

 

[Free_Advice]

Wrong.

Most States Say Mental Illness Reason to Bar Gun Ownership


So, the correct answer is that it depends on the diagnosis and that for MANY diagnoses, OP may be prohibited from owning a gun.

Your wrong, have you held a ffl ? Just answer yes or no.

 

[mistoffolees]

Is this idiot day on FA? Sure looks like it.

Your wrong, have you held a ffl ? Just answer yes or no.

I'm wrong? I provided the exact reference saying that it's illegal for someone with certain types of mental illness to own a gun. You've provided nothing but your own baseless assertion. So that makes me wrong?

I'll give you a chance - show my the link I provided doesn't apply or prove that it's wrong. Or provide some evidence that a person with mental illness is not restricted from owning a gun in TX.

Otherwise, please crawl back into your hole and stop posting on subjects where you obviously don't know the law.

Oh, and btw, what would a Federal Firearm license have to do with Texas' laws about gun ownership?

I must have missed the part about something in the OP's background disqualifying him from owning a gun. Would you care to point it out?

Read the thread. He said that he was institutionalized in a mental institution.

I provided a link that shows that people with certain types of mental illness are prohibited from owning a gun in TX and said that if he had any of those, he couldn't own a gun. My statement was 100% correct. Yours and Free_Advice's was not.

And even if the OP was disqualified my answer is still correct. He would not need to pass a background check in order to purchase a gun from a private party. He wasn't asking about the lawfullness of owning that gun.

He asked if it would cause any problems and I said it might be illegal. Seems to me that doing something illegal is a problem.

Furthermore, even if you believe it's not, your advice to him to simply buy the gun from a third party even if the state law prohibits him from owning a gun amounts to advising him to break the law. We don't do that here.

 

[swalsh411]

Fact is that OP never stated he was disqualified to own a gun. ASSUMING he was based merely on the fact that he was institutionalized when he was a child would be like assuming somebody has a felony record because they were arrested for something. I took OP's question to mean if he would pass the background check and he might not have known that you can buy a rifle in Texas without needing a check in the first place. That's a decision the good people of Texas have made and I'm not going to censor something I know about the law that might help somebody on the off chance somebody may do something illegal with that knowledge. I'm not their parent and I'm not a cop.

And furthermore, nothing I said constituted advice. I simply informed him of the law.