Problematic Background Check

[Waddler]

I have never gone through the process of buying a gun for myself. I'd like to own a handgun, but here's the problem: I have a suicide attempt in my history.

Long story short, I have bipolar disorder and PTSD. I got into a toxic relationship, had multiple stresses at the time, and accidentally overdosed on my psychiatric medication. Then I had a psychotic break, and was held involuntarily (though not against my will) in a mental hospital.

During my time at the hospital, I was completely lucid and cooperated fully with the staff. Afterward, my clinician made a bad call to put me on the same medication as before. I refused that, cut off the toxic relationship "cold stop" (changed my number, lost all contact information, etc., with no farewells), and took care of my stresses one by one.

That was June 2015, so here we are 16 months later. I will be looking to get a firearm somewhere in the 24-36 month range, but am concerned about my background check. Any advice? Let me know if I left out any information that would help you to help me. Thank you.

 

[Servant68]

You can not legally purchase a firearm due to having been committed to a mental institution.

Question F on the ATF form 4473:

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?

Furthermore, depending on state law, you are likely no able to even legally possess a firearm...

State rules vary on guns for the mentally ill

Broadly speaking, there are four categories of bans on the mentally ill possessing firearms: Some states rely solely on the courts to decide whether an individual is a danger to himself or herself and others. Others ban those subject to court orders as well as those who have been involuntarily committed to a mental institution. A small handful of states rely on court orders and commitment to mental institutions, either voluntary or involuntary. And a number of states only prohibit those who have been committed, without the necessity of a court’s input.

 

[celestialpearl]

I had a suicide attempt when I was over the age of 18 and was subsequently in the state hospital. I've also had another background check done, (I forget what it was for) and apparently nothing showed up.

I had no problem purchasing a gun in Kentucky. (Which I did as a gift for my husband.)

 

[faroukfarouk]

I had a suicide attempt when I was over the age of 18 and was subsequently in the state hospital. I've also had another background check done, (I forget what it was for) and apparently nothing showed up.

I had no problem purchasing a gun in Kentucky. (Which I did as a gift for my husband.)

Well, what you mentioned happened is a good long while ago now!

So does dh shoot a lot for sport, maybe?

Up here the gun laws are rather stringent.

 

[celestialpearl]

Well, what you mentioned happened is a good long while ago now!

So does dh shoot a lot for sport, maybe?

Up here the gun laws are rather stringent.

Indeed! My hubby apparently used to hunt as a teenager. He's hunted twice since we've been together. (7 years) The rifle is still unused, but he's proud of it, lol.

 

[Waddler]

Looks like I might need to write my congressman.

 

[Servant68]

I had a suicide attempt when I was over the age of 18 and was subsequently in the state hospital. I've also had another background check done, (I forget what it was for) and apparently nothing showed up.

I had no problem purchasing a gun in Kentucky. (Which I did as a gift for my husband.)

Don't take this the wrong way as I believe your situation should not prevent you from purchasing a firearm, but...

You have committed a federal felony by falsely filling out a Form 4473. Just curious as to why you chose to lie on a form that clearly states doing such is a felony?

I certify that the above answers are true and correct. I understand that answering “yes” to question 12a when I am not the actual buyer
of the firearm is a crime punishable as a felony. I understand that a person who answers “yes” to any of the questions 12b through 12k is
prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 12l is prohibited from
purchasing or receiving a firearm, unless the person also answers “yes” to question 13. I also understand that making any false oral or
written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a
felony. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal
firearms license is a violation of law. (See Important Notice 8.)

 

[celestialpearl]

This isn't an exuse, just a statement of fact. I didn't read the forms, just signed them and was out with 10 minutes. At the time, I wasn't aware of any restrictions of that nature.

 

[celestialpearl]

Now I'm curious, I've been to multiple pawn shops that sell guns without these forms.. In fact, in my town it's one of the most common barter, pawn, sell items? How does this fit in? Is that all illegal?

 

[Waddler]

This isn't an exuse, just a statement of fact. I didn't read the forms, just signed them and was out with 10 minutes. At the time, I wasn't aware of any restrictions of that nature.

If you filled out the forms truthfully, and the background check cleared, I don't see where you committed a crime.

 

[Servant68]

Now I'm curious, I've been to multiple pawn shops that sell guns without these forms.. In fact, in my town it's one of the most common barter, pawn, sell items? How does this fit in? Is that all illegal?

Pawn shops cannot legally sell a firearm without filling out the proper forms. They are risking prison time and huge fines.

 

[Waddler]

I think I'll talk to the gentlemen at my local firearm store, who are the "no cow poo" type. I'll also write to my congressmen, asking for the specific state and federal laws applicable to my situation. From there, I'll know how to proceed. It's ludicrous, in my mind, to bar someone from a constitutional right for a problem that isn't likely to happen again. I wouldn't think of owning a weapon if I thought I was a danger to myself or others.

 

[Armoured]

Pawn shops cannot legally sell a firearm without filling out the proper forms. They are risking prison time and huge fines.

Yeah! Only private sellers get to do that!

 

[celestialpearl]

Oh goodness, the majority of my town could legally be arrested..and that's not an exaggeration! So many people trade, give and sell their guns.

 

[HawgWyld]

Oh goodness, the majority of my town could legally be arrested..and that's not an exaggeration! So many people trade, give and sell their guns.

There's no problem with individuals transferring guns. Stores and individuals licensed to sell guns (FFL holders), however, must have the forms filled out before they can transfer firearms. That includes pawnbrokers unless, of course, they are selling historic weapons only.

 

[celestialpearl]

Obviously, I'm sorely lacking in knowledge in this area!

 

[Waddler]

Oh goodness, the majority of my town could legally be arrested..and that's not an exaggeration! So many people trade, give and sell their guns.

In my state, it's legal for immediate family members to loan or gift firearms to each other. Private sellers have to perform a background check through an authorized entity and keep a record of the sale.

 

[HawgWyld]

Obviously, I'm sorely lacking in knowledge in this area!

I might know too much about this stuff. We buy a few guns a year.

 

[HawgWyld]

In my state, it's legal for immediate family members to loan or gift firearms to each other. Private sellers have to perform a background check through an authorized entity and keep a record of the sale.

That's going above and beyond -- not that way in my state at all and the feds don't require private sellers to perform checks.

 

[Waddler]

I'd like to see the law change so a person may be declared fit to own a firearm despite previous mental history. For example, if a person hasn't had mental crises in years since a hospitalization, I don't see why they should be prohibited from owning a firearm.