mental health

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littlmak

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If a person goes to a mental health professional for treatment of depression or some other problem. Does this affect his or her ability to own a firearm? If health records are private how does this info get into a gov. database? Doesn't this present a "catch 22"? I mean if I had a bad case of the blues and went for help I could lose my guns right? Or, I could ignore it and hope I don't go off the deep end and hurt someone or myself. Are these the only two options?
 
Typically unless you are ordered by a court into treatment it will not affect your ability to own guns.
My dad battled depression from 1965 until he died in 1999, he was in and out of mental wards of hospitals on average about every 5 years, always of his own choosing, and never court ordered. He was still able to legally posess and buy firearms.
 
Ok, but that was pre 9-11 and Brady bill right? I'm wondering if the laws have changed since the Clinton presidency.
 
I have a question concerning this as well. While I was in the Air Force, all kinds of bad stuff happened to a buddy in a weeks time. By Thursday he decided it was not worth living anymore. Luckily his roomate stopped him before he got out of the planning stage. He was sent for evaluation, but refused to sign a "life contract"(something saying he would not kill himself in the next 48 hours). He was then sent to the psych ward off base for 5 days. He was released and discharged form the Air Force. He got counciling through his church and has a very positive outlook on life. Anyway, I was talking to him about my collection and he thinks it would be fun to start shooting. I told him I would ask around here and find out if he could legaly own a gun. Then I got busy with work and forgot, so thanks for bringing it up littlmak;)

So, my question is will he be able to purchase a gun? How should he respond to the question about being adjucated mentaly defective and so on? I told him he should still be able, as he was never before a court. Am I full of it?
 
If he was discharged w/less than Honorable paper he's out of luck. A Gen/Hon is ok but less will be problems
 
IMHO the government is presently just interested in those (edited to add civilians...I've not followed the VA news closely...) who've been committed to a hospital for treatment and adjudged mentally ill. As of yet they don't have any jurisdiction over the rest of the 30% of females and 20% of males (maybe 75-85 million Americans total) who have nervous, mental and emotional problems but who seek treatment without being committed for it. There is no shame in getting treatment for depression.

I fear these rules will actually increase the gun related suicide rate because many depressed gunnies will fail to seek treatment for fear of Big Brother.
 
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littlmac, you might find this website interesting.

http://www.jpfo.org/tta050829.htm


"Another category which is increasingly becoming a problem is that related to mental incompetence. Last year the Veterans Administration uploaded thousands of records of primarily Vietnam era vets into the brady background check databases, and the suspicion is that military discharges on the grounds of mental health issues are going to start being used as grounds for brady denials. These things raise all kinds of issues about the privacy of mental health records, about just how far the government is going to go in disarming people who seek mental health counseling for temporary problems like depression associated with a job loss, and so on."

badbob
 
He was sent for evaluation, but refused to sign a "life contract"(something saying he would not kill himself in the next 48 hours).
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What do they do to you if you violate your life contract?
 
So it sounds like any involvement by a gov. agency fed., state, or local for mental health issues, will get on the Brady BG list. Stay out of the court and VA systems, and life is wonderful. For now.
 
The VA uploaded thousands of records of primarily Vietnam era veterans into the Brady backgound check databases....
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So much for the VA helping veterans.:mad: :barf: I'm curious about the legality of their actions.
 
His discharge was medical, so IIRC it changes to a gen or honorable withing a year if he does not mess up.
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He has to petition to get it changed. The military will not automatically change the status of a discharge. One year is usually the amount of time you have to wait before petitioning for the change in discharge status.
 
mental health and ccw permits

I'm interested to know if seeking voluntary treatment for a minor emotional problem will effect a person's ability to get a ccw permit or buy a handgun. Since some states have their own form background check for you to fill out before buying a handgun.
 
Yup that's the question I'm basically asking too. This disqualifier is on an application for a drivers license too ( I hold a CDL with Haz-mat ) so if I go to a shrink for depression I could lose my guns, my drivers license, and my job! just because I asked for help. What a rat trap!
 
It says. Have you ever been "treated" for any mental illness. Not "commited" for any mental illness. On applications for firearms and DL's.
 
This maybe worse than you think

If I remember correctly, Neal Knox reported sometime back that the V.A. was forwarding Brady Reports on veterans who applied for incompetency relief, despite the law requiring adjudication by a judge. He also said this was on the VA website. I havent found that yet.
 
I wouldn't consider depression a mental illness.


If there are always people following you or your cat talks to you, then you're mentally ill, and I think that's really what the applications are looking to red flag.
 
littlmak - you should check your references before bloviating, or specify which police state you're referring to. Question F on the ATF Form 4473 reads as follows:

Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?
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This goes to 18 USC 44(d)(4), which reads:

(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— (4) has been adjudicated as a mental defective or has been committed to any mental institution;
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The ordinary definition of the verb "committed" means to be placed there against one's own will.

Voluntary therapy for depression is not disqualifying.
 
I'm fairly certain that you're only ruled ineligable if you're INVOLUNTARILY committed. "I want to kill myself, I have a plan, I'm going to do it as soon as you leave, and no, im not coming with you. No, i'm not signing in."

I'm pretty sure that "I want to kill myself, but since you're here and talking to me, you convinced me to sign myself into a psychiatric hospital and get help" does not count against you.

I sure hope so, cause I've actually convinced a few people to go sign themselves in so that some of their rights aren't taken from them. (Not that the serious ones would have given a flip)
 
You're right, voluntary commitments/admissions don't count.

Voluntary does not involve an adjudication (<= notice that last word looks sort of like the word judicial and judge. Voluntary does not involve a judge.)

John
 
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