Check out some similar questions!

cherliex · May 21, 2012, 07:25 PM

When I was 17 I was committed to a children's hospital for 14 days because I was depressed and a danger to myself. I was court ordered to do so. When I got out, I changed my attitude and was off anti-depressants within 6 months and have been for 5 years. 18 U.S.C. 922(g)(4) says any person "adjudicated as mentally defective" or committed to a mental institution is prohibited under federal law from possessing any firearm or ammunition. Then there are a couple of clauses and certain legalities that I don't understand fully.

Do I fall under this ruling? Even as a minor? Are those kind of records sealed and not sent to the federal government because I was a minor?

Is there a federal background check I can do on myself to reveal if any court records stand?

Am I permanently banned from ever possessing a firearm? Is there a way I can petition the court or get my rights restored if I am banned.

AK lawyer · May 21, 2012, 09:13 PM

The terms of this statute are so screwy that that any congressman or senator who voted for it should be committed to a mental institution.

A good argument can be made that it only applies to the term of your commitment. There are provisions which indicate it doesn't apply if you have had your civil rights restored. It's clear to me that your rights were restored when you were released. I don't think it applies to you.

Mommi · May 22, 2012, 06:28 AM

I would suggest you go and apply for a gun licence. One of the things they do is a background check, and they'll tell you if you qualify or not. If you don't they should be able to tell you why, and you'd then have something to take to court if you decide to petition for your rights to be restored or ask a lawyer or your congressmen for help. The NRA might also be able to give you more information.

NRA

Even if you're not ready to buy a gun RIGHT NOW, licences should be good for a while, I know here in NC it's for 5 years.

J_9 · May 22, 2012, 06:29 AM

Originally Posted by Mommi

I would suggest you go and apply for a gun licence. One of the things they do is a background check, and they'll tell you if you qualify or not. If you don't they should be able to tell you why, and you'd then have something to take to court if you decide to petition for your rights to be restored or ask a lawyer or your congressmen for help. The NRA might also be able to give you more information.

NRA

Even if you're not ready to buy a gun RIGHT NOW, licences should be good for a while, I know here in NC it's for 5 years.

Please note that not all locations require a "license."

AK lawyer · May 22, 2012, 07:14 AM

Originally Posted by J_9

Please note that not all locations require a "license."

Quite true.

Many states have provision for a concealed carry permit. Applying for one of those would work in the same way as Mommi suggested.

cherliex · May 22, 2012, 12:11 PM

I live in the state of Washington by the way, we need a permit to conceal carry.

I'm not sure it would be a good idea to apply for either a concealed weapons permit or fill out the 4473 at the time. On both of those forms it asks you if you have ever been ever been adjudicated as mentally defective or if I have ever been committed to a mental institution. If I check mark yes, I will most likely be instantly denied without a background check. If I check mark no, and my visit to the psych ward at 17 counts as committed to a mental institution then I would be lying on those forms which is an instant felony.

AK lawyer · May 22, 2012, 01:36 PM

Originally Posted by cherliex

...If I check mark yes, I will most likely be instantly denied without a background check. ...

What harm could it do? It could be that they will then do a follow-up and see if you are still considered "crazy".

Then at least you will know where you stand.

It could be that there are procedures to get you approved anyway.
The worst that could happen is that you would be denied. At that point you would be in a position to get an attorney and to litigate it. There might be attorneys who would love to take this case on a contingent fee basis (me, for one. :)). Or contact the N.R.A. which might be interested in assisting you.

smoothy · May 22, 2012, 07:17 PM

That and a lot of things that happen as a minor are treated differently than if they happened as an adult.

excon · May 26, 2012, 06:13 AM

Originally Posted by cherliex

If I check mark yes, I will most likely be instantly denied without a background check. If I check mark no, and my visit to the psych ward at 17 counts as committed to a mental institution then I would be lying on those forms which is an instant felony.

Hello c:

STOP being a lawyer. You have NO idea what the "legal" definition of "commitment" is. Let THEM tell you that you were "committed", if you were. I say that you were "checked in" for observation...

excon