Should I be able to own a gun?

Discussion in 'Gun Control' started by Germania, Jul 2, 2014.

  1. Germania

    Germania Member

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    Should I be able to own a gun? A handgun?

    I was deemed mentally defective at 13 years of age. My horribly abusive aunt, like litterally horribly abusive, and crazy (admitted to a mental hospital 3x) sent me to a mental hospital for masturbating in her underwear. Some of what she said too were exagerations of the truth. The doctor literally told her I didn't need to go there, but she was in her own words "unfazed" with what he had to say. Needless to say she lost guardianship of me within six months as she wouldn't back. I went through fosterhomes, saw abolutely intense things, drugs, fights, and now I'm an adult. According to Obama and the Dems, I should never be able to own a gun according to gun control bills now. On the fourm at any gun place will ask me if I've ever been admitted to a mental facility, and telling the truth will make me inelegible. Should I buy one at a gun show? Or privately?
     
  2. Small Town Guy

    Small Town Guy Well-Known Member Past Donor

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    HMMMM why only those 2 choices? Trick question perhaps?
     
  3. SFJEFF

    SFJEFF New Member

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    Well assuming what you said is true- and assuming that you are not currently mentally defective:

    If a person falls under one of these two categories, they are prohibited from purchasing and possessing firearms for life -- although federal law now allows states to establish procedures for such individuals to restore their right to purchase or possess firearms

    You can see if you state has procedures to restore your rights.

    Oh- and Obama was not President in 1966
    Since 1968, federal law has barred the possession or acquisition of firearms by anyone who “has been adjudicated as a mental defective or has been committed to any mental institution.”[2]

    The Bureau of Alcohol, Tobacco, Firearms and Explosives has issued regulations that define an “adjudication” as a “determination by a court, board, commission, or other lawful authority that a person is, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs.” This includes a finding of insanity or incompetency in a criminal case.[3]

    “Committed to a mental institution” is defined as a “formal commitment of a person to a mental institution by a court, board, or other lawful authority.” The definition makes clear that “[t]he term does not include a person in a mental institution for observation or a voluntary admission.” The Supreme Court has held that an involuntary commitment is a serious deprivation of liberty that requires due process of law under the Fifth Amendment to the U.S. Constitution.[4]

    A person cannot be federally disqualified from owning a gun based simply on a psychiatrist’s diagnosis, a doctor’s referral, or the opinion of a law enforcement officer, let alone based on getting a drug prescription or seeking mental health treatment. Doing so would actually discourage troubled people from getting the help they need.

    Instant Check Improvements

    In January 2008, President George W. Bush signed the bipartisan “NICS Improvement Amendments Act of 2007.”[5] The NRA-supported legislation created incentives for states to upgrade their procedures for timely and accurate reporting of records—including mental health records—to the National Instant Criminal Background Check System
     
  4. Texan

    Texan Well-Known Member

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    Since I'm not a judge and don't know you. My opinion doesn't matter. Since your aunt was not all there, maybe you can challenge her decision to put you in the hospital in the first place and have your mental health record cleared somehow. I'd talk to a lawyer to investigate your legal options. You've been put into a bad place. I hope you get it worked out.
     
  5. Germania

    Germania Member

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    Everything I said was true. In fact, I met with a pyschologist a few years later who said I was in very good mental health. He told me he though they were wrong for doing it. He has a PHD and 30+ years of expierence. My state doesen't have a state or federal database. I could get one, but it'd be lying. The people who made that law are retarded. People who want more gun control are even more retarded.

    A court ruled as minor, I was supposed to be in a mental hospital. I heard states only count adult records. Ethier way it's BS. People grow up, people may not be crazy their whole lives, what if it was for depression? It's ignorance.

    I was admitted to a mental hospital as a child. I can't own guns now because I was improperly admitted as a child for a stupid reason that like the pyschologist who did an evalution a few years ago said wasn't a good enough and serious reason. He told me I had a lot of potential.

    Anyway, I don't want to lie on that little fourm, so I'll try and do it privately or at a gun show. My record isn't in a database, and I want one only for self defence and to protect against tyranny, but I don't want to lie. If the government gets rid of these loopholes, I know there's a difference between right and wrong and illegal and legal, and I'll get it a regular store.

    Thank you.
     
  6. Germania

    Germania Member

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    Everything I said was true. I'm not hiding anything. In fact, I met with a pyschologist a few years later who said I was in very good mental health. He told me he though they were wrong for doing it. He has a PHD and 30+ years of expierence. My state doesen't have a state or federal database system. I could get one, but it'd be lying. I think I'll buy one privately or at a gunshow in your own state of Texas! The people who made that law are retarded. People who want more gun control are even more retarded. I'm not in a pickle because my state doesen't comply with the laws, despite the carrot in stick method the feds use funding wise to entice states. States should do what's right because it's right not because of funding, it's bribery. It's wrong.

    Anyway, even if my state did pass a law at a later time, (New Hampshire), it's said laws can't apply retrocactively, so would they submit records from the past? Most states select only the violent offenders, and usually adults only. This was 6 years ago.

    I would use the lawyer option but no database exists in my state, so there's no real reason.

    - - - Updated - - -

    That's illegal. Though there's a difference between wrong and right and legal and illegal. If the government told me I could never own a gun, wrongfully, to defend myself I would. Especially against the government.
     
  7. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    You can certainly go to court to have that reversed. There is no evidence of violent behavior if you are telling the truth. Stay legal or you can end up with bigger problems.
     
  8. Casper

    Casper Banned at Members Request Past Donor

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    If you are not deemed to be a danger to yourself or others, sure go ahead and buy any gun you want.
     
  9. longknife

    longknife New Member

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    Are you planning to go out and shoot someone?

    Is there someone you have a serious grudge against? That you want to stop by violent means?

    Are you a religious, right-wing nut who wishes to overthrow the rightful socialist/progressive government of the United States.

    Sure. Go out and buy five of them!
     
  10. Germania

    Germania Member

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    I'm none of them. I don't need five though. An AR-15 is fine...
     
  11. Germania

    Germania Member

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    No I can't. My state doesen't have procedures that allow me to get my right to own a gun back. If there's a way tell me, but courts don't take these cases, to redeem someone.

    If theres is a way, seriously tell me.
     
  12. NightSwimmer

    NightSwimmer New Member

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    Should you ever actually find yourself under attack by "the government", then a firearm would provide a woefully inadequate defense. Perhaps you should seek a nuclear weapon instead?
     
  13. Hoosier8

    Hoosier8 Well-Known Member Past Donor

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    If you really want to find out for Maine, use the following.

    Legal Hotline
    Local/Out-of-State...................... (207)623-1797
    Toll Free In-State (Voice/TTY)... 1-800-750-5353
     
  14. SFJEFF

    SFJEFF New Member

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    Well I disagree.

    Unlike you- I do not want people who have been diagnosed and committed for serious mental health issues to be walking around with guns.

    But as you pointed out- our gun laws are so lax, you can just lie about it and buy one- or go to a gun show and get one.

    Just like any person with a mental health problem who does have violent tendencies.

    Far from pointing out that the law is over reaching- I think you are pointing out that the law is too lax.

    You may be perfectly safe to own a gun- or you may not be- but the guy committed for having delusions that his landlord is an alien and trying to kill him probably isn't- both of you can go get guns easily.
     
  15. Germania

    Germania Member

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    "Unlike you- I do not want people who have been diagnosed and committed for serious mental health issues to be walking around with guns".
    I don't ethier, but I had a pyschological evaluation done by a guy with a phd+30 years of expierence, he told me I was menally stable and healthy, so I deserve to own a gun. There should be a way to own a gun again, such as getting yourself cleared by a pyschologist or something, it only applying as adults; it's too broad. especially because like the pyschologist said it wasn't for a good enough reason. I am no more dangerous than anyone else. That made me angry.

    I'm not crazy, irreguardless of what you think. I don't have violent tendencies. I can rightfully easily get a gun, because the grounds weren't good. enough.

    "both of you can go get guns easily" I CAN AND DESERVE TO OWN A GUN! YOU REALLY REALLY JUST PISSED ME OFF! I'M NOT CRAZY! YES, PEOPLE WHO ARE CRAZY AND DANGEROUS SHOULDN'T OWN IT, BUT ONLY IF THEY'RE A THREAT TO THEMSELVES OR OTHERS!
     
  16. SFJEFF

    SFJEFF New Member

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    Have you looked to see if there is? In my first post I I quoted an article saying each state can develop its own way to deal with circumstances like yours. Have you checked to see if your state has a method like that?

    If your complaint is merely that the law does not have a good procedure for 'due process'- I would agree with you. But you are complaining about the law in general- and I think that law in general is a good thing- and if anything is not strong enough since as you have pointed out- this law wouldn't stop you from getting a gun at all.
     
  17. Germania

    Germania Member

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    I saw that. Mine doesn't. Most states don't. The law in question is too broad. What if I was admitted for anxiety or depression as a child? It's gone now? Haven't had it in years? It should only be if you posed a threat to yourself or others, and as an adult. At the very least there should be a way to get it removed. there should be a way to get it cleared.

    It aggravates me, but I think this law is too broad and needs to be amended to some extent. My state doesen't even submit records.... but still. Recently, and you'd probabily like this, New Hampshire thought about requiring the records to be submitted to the federal database, while also allowing people who wrongfully admitted or no longer mentally ill the right to own guns again through fail. It's sad it failed. However, it pointed out mentally ill people are no more dangerous statistically than normal people.

    http://www.unionleader.com/article/20140115/NEWS06/140119604/0/opinion02
     
  18. Regular Joe

    Regular Joe Well-Known Member

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    Let's clear this up. If you buy from an FFL holder at a gun show, you still have to fill out and pass the "Brady check". If you buy from a private party, no paperwork required.
    That's just general info. I don't know enough about your whole situation to offer a suggestion, other than the things said by Hoosier8.
     
  19. Germania

    Germania Member

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    I thought that gun shows don't include the background check, hence Obama wanted to close the loop-hole. I could buy it privately, but I want to do it legally.
     
  20. Regular Joe

    Regular Joe Well-Known Member

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    First, you're confusing yourself by paying any attention at all to what the left has to say.
    Second, run with what the Right (as in correct) advises here.
    Maybe your best bet would be to become a member in a local gun forum, and pose this question there. Try this:
    http://www.maineshooting.com/phpbb2/portal.php
    and this:
    http://www.mainehuntingforums.com/forum/forumdisplay.php?f=28
     
  21. Texan

    Texan Well-Known Member

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    As Regular Joe said, find a local source of info such as a gun forum. The laws in each state are different. Any gun you buy from an FFL will require a background check whether it is in a store or at a gun show. Many people go to gun shows to sell their guns. These private citizens do not have to do paperwork of any kind in many states. This is the "gun show loophole" that the left talks about. Most of us are not going to know the law in Maine. Find a local forum and look for their references to state law. You may be able to find the whole text of applicable laws to you and research it yourself. Don't go to another state. Most states require that you be a resident of their state and have a valid state ID. You may get away with it, but it would be illegal. Again, check your state's laws.
     
  22. perdidochas

    perdidochas Well-Known Member

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    The exact language from the explanation for Form 4473 is that you have been committed to a mental institution by a court. If a judge or civil authority (in addition to the doctor) didn't commit you, I think you are safe

    My only hangup is if you are still doing drugs, you aren't eligible.
     
  23. Hate_bs

    Hate_bs New Member

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    Has a judge deemed you shouldn't own a gun? Then don't buy a gun. It is illegal for you to do so.
     
  24. Greataxe

    Greataxe Well-Known Member Past Donor

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    I my opinion, an insane person cannot understand the crimes they are commiting are wrong. They cannot show evidence of pre-planning for a crime, or make an effort to cover-up a crime. Such insane people should be locked away in a mental institution and should not have guns on them.

    As for folks like yourself with no apparent history of violent behavior---I'd say get whatever gun you want---as I don't support infringements on the 2nd.

    As for folks with histories of violent crimes---all repeat violent offenders should be executed (within 6 months) after their 3rd+ conviction of a violent crime.
     
  25. Hate_bs

    Hate_bs New Member

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    Germania. Don't buy a gun. Reading your thread you have doubts you can't own one, you probably can't and shouldn't. You seem to be making excuses and trying creative ways to get around a background check. I would say if I knew you personally I would probably report you to the police.
     

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