Gun store purchase of any firearm requires a federal background check of criminal and mental health records.
I don't believe it's been extended to mental health records at the federal level yet. Larry Craig and Schumer proposed it not long ago. That's a can of worms you don't want to open without the utmost care. There's the privacy issue. Denying rights to psychotic schizophrenics is one thing. But what if there's a history of depression or drug abuse in the past? What about personality disorders and which ones. What if there was a misdiagnosis, and what really happened was an adverse drug reaction. IIRC, the debate in at least one state involved denying concealed carry for a DUI.
posted on 05/16/2004 10:24:22 PM PDT
(Xin loi min oi)
Gun store purchase of any firearm requires a federal background check of criminal and mental health records. I don't believe it's been extended to mental health records at the federal level yet.
You're correct. It would only apply to court records "adjudicating" a person as a mental defective.
IIRC, the debate in at least one state involved denying concealed carry for a DUI.
It depends if the maximum penalty allowed is greater than one year. Even if the person was given probation, if the max allowed conviction was imprisonment greater than one year, that person (usually) has a restriction against purchasing and/or owning firearms. For ever.
Gun Control Act of 1968, US Code, Title 18, Chapt 44, SS922 Unlawful Acts and the ATF FAQ
Are there certain persons who cannot legally receive or possess firearms?
Yes, a person who
- (1) Has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year;
- (2) Is a fugitive from justice;
- (3) Is an unlawful user of or addicted to any controlled substance;
- (4) Has been adjudicated as a mental defective or has been committed to a mental institution;
- (5) Is an alien illegally or unlawfully in the United states or an alien admitted to the United states under a nonimmigrant visa;
- (6) Has been discharged from the Armed Forces under dishonorable conditions;
- (7) Having been a citizen of the United states, has renounced his or her 8 citizenship;
- (8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
- (9) Has been convicted of a misdemeanor crime of domestic violence cannot lawfully receive, possess, ship, or transport a firearm.
- A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information.
[18 U. S. C. 922( g) and (n), 27 CFR 178.32( a) and (b)]
In IL you get convicted of a DUI, you cough up the guns...
posted on 05/17/2004 3:37:39 AM PDT
(To enter my lane you must use your turn signal!)
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