Can those diagnosed with a mental illness buy a gun?

[Deja Q]

Not because I want to blow my brains out. But self-preservatrion. If all the talk on DU is correct, I want to protect myself and my property.

[slackmaster]

1. As long as you have not been adjudicated mentally defective or committed

Here is the list of prohibited categories from the Gun Control Act of 1968 as amended in 1994. This is part of Section 922(d) of the United States Code:

...(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(6) who <1> has been discharged from the Armed Forces under dishonorable conditions;
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9) has been convicted in any court of a misdemeanor crime of domestic violence....

[Branjor]

11. As per #4....

Is it still prohibited even if the commitment was only temporary (90 days, but pt. discharged after 64 days), happened almost 30 years ago, and there have been no hospitalizations, no diagnoses, no medications and no mental health treatment at all ever since? Also, no MH problems.

[slackmaster]

13. A 72-hour detention for observation a la California '5150' does not count

For firearms purposes "commitment" means a judge ordered you committed.

Not to advocate breaking the law, but I personally would forget about something that happened 30 years ago.

[Branjor]

14. Thanks....

It was for 90 days, ordered by a judge, discharged after only 64 days.But, 30 yrs. ago and nothing ever since, as stated above.

[slackmaster]

18. As long as a person is not violent or hallucinating it's OK to have guns

IMO, of course.

[Branjor]

22. Thank you......n/t

[SHRED]

2. Don't know

I am sure you can go to a gun show or find a used one somewhere.

Sometimes I wonder if they go back 20-25 years or not? Back when I was still "searching" for the meaning of life and had to go in for a "rest". :P

And what "talk on DU" are you talking about?

[slackmaster]

4. Some states control sales of used guns

Regardless of what state you are in, transactions at gun shows are subject to the exact same restrictions and procedures as sales in other locations.

[Deja Q]

5. "talk on DU" - seems rather obvious right now, wouldn't you say?

Peak oil. Economy collapse and repercussions of.

I've been terrified out of my wits here and would rather do something positive. My neighbors would likely do the same.

[Redstone]

7. "Rather do something positive?"

Not to be argumentative, but how is buying a gun "positive?"

May I point out also, that during the worst economic collapse this country ever had (the Depression), there were not gangs roaming the land like in the Road Warrior movies--so what makes you think this is going to happen now if times get tough?

Redstone

[Deja Q]

8. Self defense. Or should I sit back and let any violent nutcase shoot 1st?

I find my life more valuable than his. And having been a victim of bullies all my life, I find it logical that I should be prepared.

I wouldn't take the thing outside the house though. NO WAY. I'm for self-defense. Not offense.

You're right though. I have no evidence that a new depression will incite violence. OTOH, you have no evidence suggesting a new depression won't incite violence.

[Pepperbelly]

12. Actually ... there was a substantial amount of economic related crime

Bonnie and Clyde.

Pretty Boy Floyd.

Baby-face Nelson.

Smash and grab bandits in automobiles. But somewhat populist so if you weren't a banker or a cop, you were probably safe.

[mcscajun]

3. In my state, among the checks is one of your psychiatric history.

You have to disclose any treatment on the form, and they do a check on that...I'm not sure what records they look for, but no, if you have a record of mental illness you won't be able to buy a gun.

[bush_is_wacko]

6. As long as you have a DL and no "violent" criminal record

they can in Colorado. I'[m more worried about the ones that haven't been diagnosed with mental illness though to be honest. There are a whole lot of very defective people out there with the idea that EVERYONE else is the problem. They are the dangerous ones and they usually don't get a second opinion about their delusional beliefs.

[Deja Q]

9. Precisely. For one thing I've NEVER been diagnosed or even hinted as

being a sociopath type and the thought of rabid offensive violence disgusts me.

[slackmaster]

10. Some diagnoses may be a good thing for handling guns

For example, someone with mild paranoia or Obsessive-Compulsive Disorder might be safer than a "normal" person in regard to always checking to make sure a gun is not loaded when cleaning or handling it.

[bleedingheart]

15. In my state it depends and in most cases no...

my brother was committed twice for trying to kill himself and he is not eligble to buy a gun.

[Eugene]

16. If they haven't been involuntarily commited, they can.

Workplace shooter Michael "Mucko" McDermott
is a case in point.

[Deja Q]

17. Ewww. Most places don't allow guns in stores or offices.

Hopefully they'll get him on that charge too.

[Toots]

19. I think anyone in America who wants to buy a gun can do so

There are gun shows everywhere and people selling guns out of cars and from their homes. There are a lot of guns in america and you too can get one....

[leesa]

20. My brother who is manic-depressive, was able to...his mania sometimes

made him very wired.

[amazona]

21. probably

I thought the mental illness most likely to result in suicide was clinical depression, and I haven't noticed that friends with a past history of depression had any trouble purchasing guns or ammunition. It might be tough if you had a diagnosis that required a prolonged hospitalization. I would think twice about the gun purchase if I had an impulse disorder but I'm going to assume from what I read of your posts that you're in control of yourself and know what you're doing.

The conservation movement is a breeding ground of communists
and other subversives. We intend to clean them out,
even if it means rounding up every birdwatcher in the country.
--John Mitchell, US Attorney General 1969-72