Gun ownership 2

[texaswoodworker]

Yes, but 2-3 weeks solely for an evaluation? Not likely.

It sounds to me like OP is convinced that he's going to get a gun whether it's legal or not and isn't making any real effort to find out the details. Heck, he doesn't even know how long he was in for.

Sorry, but it makes me very nervous when we have:
1. Someone who was institutionalized for at least a couple of weeks for some type of alleged mental illness
2. A strong desire to own a gun
3. A willingness to find ways to circumvent the law to try to avoid a criminal background check
4. A willingness to simply ignore USC 922 and pretend that it doesn't apply - even though he admits that he doesn't know what happened when he was institutionalized.

There have been too many cases where people with mental illness purchased and used Guns - Columbine, Virginia tech, etc, etc, etc - for me to be comfortable with this. There really is no other correct action than for him to get a copy of his records (by subpoena, if necessary) and talk with a local attorney about whether he can legally own a gun.


And it's really disgusting when people like Free_Advice tell him to just ignore the law and buy a gun from a private individual because there won't be a background check.

I know how long I was in there. I just did not post the exact number of days. Why? because really it would be irrelevent. 2-3 weeks is enought info for someone to help me with this. If you really must know. it was about 16 days.

Yes, I have a strong desire to have a gun. I love to shoot targets and hunt. So do 80 million other people in the US. I'm not trying to break any laws though. I am not avoiding the background check. I said I will purposely go to a place that will do a background check. If nothing shows up, then I will be going home with that gun. I don't think you can just miss something in a background check. If you could, what would the poin t in the check even be?

Please, do not compare me to the scum at Columbine and Virginia tech. I am nothing like that. I already told you they did not diagnose me with anything, I checked.

You strike me as someone who is against guns all together. You have basically told me in every post that I will never own a gun. Well I don't believe that to be true.

 

[Free_Advice]

I'm a retired FFL holder (had ffl for >20yrs) - I don't see a problem with transferring a gun in this case. These other folks posting are anti-gun and simply do not understand the rules and laws..its not surprising.

You should examine the ATF form and decide if you are able to purchase.

So go to a gun shop, complete the forms honestly, and in a few days, enjoy you new firearm.

 

[texaswoodworker]

I'm a retired FFL holder (had ffl for >20yrs) - I don't see a problem with transferring a gun in this case. These other folks posting are anti-gun and simply do not understand the rules and laws..its not surprising.

You should examine the ATF form and decide if you are able to purchase.

So go to a gun shop, complete the forms honestly, and in a few days, enjoy you new firearm.

Thank you.

I don't think Texas has a waiting period so I will probably find out pretty quickly.


Thanks agin.

 

[mistoffolees]

Thank you.

I don't think Texas has a waiting period so I will probably find out pretty quickly.


Thanks agin.

Just pay attention. When you fill out the forms, you are required to do so honestly and to the best of your ability. When it asks if you've been confined to a mental institution, you must answer 'yes'. Otherwise, you're committing perjury.

 

[swalsh411]

Just pay attention. When you fill out the forms, you are required to do so honestly and to the best of your ability. When it asks if you've been confined to a mental institution, you must answer 'yes'. Otherwise, you're committing perjury.

But that's not what the ATF Form 4473 asks. It asks if you've ever been adjudicated to be mentally defective or if you've ever been committed to a mental institution. "Committing" somebody to a mental institution is a big friggin deal. It's not the same thing as sending somebody for a few weeks for treatment/observation. OP would know if he had been committed and there would be records of this. By your logic a person who goes to a treatment center for help with a substance abuse problem would never be able to own a gun and that is absolutely not true.

 

[mistoffolees]

These other folks posting are anti-gun and simply do not understand the rules and laws..its not surprising.

Don't make assumptions. It makes you look even more foolish than what you write.

I grew up with guns. My family all still owns guns. I bought a gun for my daughter and sent her to a shooting camp. I'm not anti-gun. I'm simply against people illegally owning guns.

But that's not what the ATF Form 4473 asks. It asks if you've ever been adjudicated to be mentally defective or if you've ever been committed to a mental institution. "Committing" somebody to a mental institution is a big friggin deal. It's not the same thing as sending somebody for a few weeks for treatment/observation. OP would know if he had been committed and there would be records of this. By your logic a person who goes to a treatment center for help with a substance abuse problem would never be able to own a gun and that is absolutely not true.

I'm curious how you know he wasn't committed. He spent 2-3 weeks there (apparently not sure how much) and hasn't given any explanation as to why. If you're so sure of his diagnosis and history, maybe you should fill him in.

Furthermore, as I showed, Texas law says that if you have certain mental illnesses, you can't own a gun whether you were committed or not.

I didn't say definitively that he can't own a gun. I said it looks like there's a very good chance that he can't own a gun and he should take all of his records to a lawyer for evaluation. That's a fully responsible position.

You and Free_Advice, otoh, seem to believe that he can simply ignore the law because he's not sure if he was committed and he's not sure of any diagnosis, so simply pretend the law doesn't exist. Free_Advice goes so far as to advise him to buy from a private individual as a way to circumvent the law. That's terribly irresponsible and dangerous. And probably illegal to even advise him to do that.

 

[Free_Advice]

Don't make assumptions. It makes you look even more foolish than what you write.

I grew up with guns. My family all still owns guns. I bought a gun for my daughter and sent her to a shooting camp. I'm not anti-gun. I'm simply against people illegally owning guns.



I'm curious how you know he wasn't committed. He spent 2-3 weeks there (apparently not sure how much) and hasn't given any explanation as to why. If you're so sure of his diagnosis and history, maybe you should fill him in.

Furthermore, as I showed, Texas law says that if you have certain mental illnesses, you can't own a gun whether you were committed or not.

I didn't say definitively that he can't own a gun. I said it looks like there's a very good chance that he can't own a gun and he should take all of his records to a lawyer for evaluation. That's a fully responsible position.

You and Free_Advice, otoh, seem to believe that he can simply ignore the law because he's not sure if he was committed and he's not sure of any diagnosis, so simply pretend the law doesn't exist. Free_Advice goes so far as to advise him to buy from a private individual as a way to circumvent the law. That's terribly irresponsible and dangerous. And probably illegal to even advise him to do that.

You know nothing about SELLING guns, do you? Have you ever sold one? No.
Quit arguing with an expert, its a losing argument.

 

[CdwJava]

Considering both Texas and federal law prohibit possession or ownership of a firearm by someone who has been committed to a mental health facility or suffers from mental illness, circumventing the gun sales law is moot as he cannot even possess one if he had been committed. If his commitment was merely a voluntary stay and he currently suffers from any mental illness, he can likewise be prohibited.

I have read that Texas is, perhaps, the most proactive state in the nation with regards to the submission of mental health records to their gun registration system.

 

[mistoffolees]

You know nothing about SELLING guns, do you? Have you ever sold one? No.
Quit arguing with an expert, its a losing argument.

Yet the expert is advising someone to commit what very well might be a felony.

Considering both Texas and federal law prohibit possession or ownership of a firearm by someone who has been committed to a mental health facility or suffers from mental illness, circumventing the gun sales law is moot as he cannot even possess one if he had been committed. If his commitment was merely a voluntary stay and he currently suffers from any mental illness, he can likewise be prohibited.

I have read that Texas is, perhaps, the most proactive state in the nation with regards to the submission of mental health records to their gun registration system.

Thank you. Two comments..

1. Free_Advice is telling OP to buy the gun from a private individual which would bypass the registration system. So even if it is illegal, the system might not catch him right away and he could find out later that he committed a crime - and spend time in jail for following Free_Advice's advice.

2. Once again, I am not saying that OP is absolutely prohibited from owning a gun. We do not know if his time in the institution meets the federal requirement of 'commitment' nor do we know what mental illness was diagnosed, if any. So, it is entirely possible that if OP does this by the book and actually makes the effort to find the details, that he MIGHT be able to legally own a gun.

It just doesn't look that way. It looks like he falls within the prohibited class. And the fact that he refuses to get a court order to release his records or even ask a family member for details suggests that he knows that and is just trying to find a way to circumvent the law.

 

[Free_Advice]

Don't make assumptions. .

cough cough cough you actually should follow your own advice

 

[Free_Advice]

Yet the expert is advising someone to commit what very well might be a felony.



Thank you. Two comments..

1. Free_Advice is telling OP to buy the gun from a private individual which would bypass the registration system. So even if it is illegal,

What registration system? See-you don't know what you are talking about. You should acknowledge your minimal knowledge on this subject so the OP can understand your drivel is just anti-gun drivel.

 

[swalsh411]

Furthermore, as I showed, Texas law says that if you have certain mental illnesses, you can't own a gun whether you were committed or not.

Could you link to the form that the OP would have to fill out when he buys the gun that states this?

registration system.

Any minimal amount of credibility you may have had just flew out the window.