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Schizophrenic felon gun possession

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What is the name of your state? I live in Pa. My son is a felon who has been out of jail for 6 years. He is not on probation/parole. He is employed full time and was doing well. Last month he 302'd himself because he thought people were trying to kill him. He was diagnosed as schizophrenic and came to live with me. I did not know that he stopped taking his meds and last week he had another episode. I stayed up with him more than 24 hours trying to assure him no one was trying to kill him. He kept hearing things. I took him for a ride to try to take him to the hospital. When I arrived at the hospital he told me he had a gun and wasn't going in. He was convinced someone had killed his friends and wouldn't seek help until he knew they were ok. I drove around with him for a few hours trying to convince him to go to the hospital. We finally returned home and he continued to get worse. He thought people were under the house and threatened to shoot the floors. He finally ran outside and fired a shot in the air. At that point I convinced him that the neighbors called the cops and told him to hide the gun, which he did. When he was distracted I took the gun and hid it elsewhere. I then told him I was going to check for people outside and called 911. i did not immediately tell the police about the gun because I did not want him to go to jail. He needs a hospital. My son was angry at me for calling the cops and left. At that point I told the police about the gun because I was worried about his safety and the safety of others. It turns out that the gun belonged to his ex-wife's deceased grandfather. He was gone at that point so they told me to go to the hospital and file a 302 warrant, which I did. It's now 2 weeks later and he had resumed taking his meds. He's doing better and is seeking help. My questions are...will the police still charge him with the gun charge? Will he go to jail or a hospital? For how long? Is there a way out of this all together because they only have my statement saying he had a gun? He was not seen in possession of it.
 
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FlyingRon

Senior Member
Could they? They certainly could. It is illegal for him to possess a firearm. Of course, right now they don't have any direct evidence that he had one. Sure they could subpoena you, but my guess is that if you've removed the gun from his access, they probably won't make a big thing about.

Understand, that just because he has mental issues doesn't give him a pass from personal responsibility and he very much can go to jail (rather than a hospital) if he continues to commit felonies.

I would suggest very strongly you get him proactively admitted somewhere so it doesn't come to more criminal charges.
 

xylene

Senior Member
Some of your actions in this situation veer into enabling more than helping.

You need to realize that it is nearly impossible to talk someone out of a delusional state, and it is dangerous to try when threats of credible violence are involved.

You were riding a volcano trying to reason with your son in an acute paranoid episode while he had a gun.
 
Some of your actions in this situation veer into enabling more than helping.

You need to realize that it is nearly impossible to talk someone out of a delusional state, and it is dangerous to try when threats of credible violence are involved.

You were riding a volcano trying to reason with your son in an acute paranoid episode while he had a gun.
This was my first experience with him being delusional. I realize now that there was no reasoning with him and will not make that mistake again. My main concern at that sleep-deprived time was keeping my son, myself, neighbors and law enforcement safe. I did the best I could under the circumstances. Thank you for your response.
 

not2cleverRed

Obvious Observer
Some of your actions in this situation veer into enabling more than helping.

You need to realize that it is nearly impossible to talk someone out of a delusional state, and it is dangerous to try when threats of credible violence are involved.

You were riding a volcano trying to reason with your son in an acute paranoid episode while he had a gun.
Exactly.

I get that no one wants to have thir kid locked up, but appeasing someone in a delusional state and trying to cajole them into calming down is a dangerous game.

This guy, with or without a gun, is dangerous when off his meds. He could just as easily take a steak knife to "defend" himself from his imaginary foes.

Pandora should not lie to the police. None of us know what the police and the DA will do, if anything. However, having an accurate record of what Pandora's son did in his most recent psychotic episode can better inform everyone of what to expect if he has another such episode.

Stay safe, Pandora.
 
Could they? They certainly could. It is illegal for him to possess a firearm. Of course, right now they don't have any direct evidence that he had one. Sure they could subpoena you, but my guess is that if you've removed the gun from his access, they probably won't make a big thing about.

Understand, that just because he has mental issues doesn't give him a pass from personal responsibility and he very much can go to jail (rather than a hospital) if he continues to commit felonies.

I would suggest very strongly you get him proactively admitted somewhere so it doesn't come to more criminal charges.
Thank you for your response. I understand how serious this is which is why I called the police.That was the first experience I had with him in that state so I made mistakes. I was sleep-deprived and panicked. He seems to be doing well on the meds so I don't see the need to have him admitted at this time. Although now I know what to look for and will seek help earlier if there is a next time. I hope you are right that the police won't pursue this...not that I'm looking for a free pass for him, only that I don't feel jail will do him any good. This diagnosis is new for him as well. I just want him to have the chance to learn how to live a normal life despite it. I do not believe he was responsible for his actions while in the psychotic state. I just was wondering if there is a legal defense for something like this or is it an automatic jail sentence?
 
Exactly.

I get that no one wants to have thir kid locked up, but appeasing someone in a delusional state and trying to cajole them into calming down is a dangerous game.

This guy, with or without a gun, is dangerous when off his meds. He could just as easily take a steak knife to "defend" himself from his imaginary foes.

Pandora should not lie to the police. None of us know what the police and the DA will do, if anything. However, having an accurate record of what Pandora's son did in his most recent psychotic episode can better inform everyone of what to expect if he has another such episode.

Stay safe, Pandora.
Thank you and I am learning from my mistakes.
 

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