Friday Fan
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There would need to be a legal "paper trail" of mental illness. When someone purchases a firearm a federal background check is performed. I'm not too knowledgeable, but I believe the background check consists of legal records. (Felony convictions, and possible misdemeanors etc). Generally, convicted felons cannot purchase firearms, but it's a gray area. There are also certain misdemeanors that may prevent purchasing.How about banning people having/exhibiting signs of mental illness get no guns, or temproarily lose the right to them (seems so simple and works here), until undergoing a full mental health evaluation by an actual medical mental health professional?
Kind of like when an older person becomes an unsafe driver due to age/infirmity and doctors and/or family cause their licesnces to be removed.
Mental illness involves medical records. Medical records are strictly private by law and not available in background checks.
Medical records only come into play if for some reason the person's mental illness was somehow part of the legal system. It's a "high bar". 25 years ago, my father in law went crazy and we tried to get him committed. became violent. Police wouldn't do anything because he wasn't violent enough. He voluntarily went to a place for a few days to avoid being committed. (I believe being committed may result in revocation of driver's license, which is probably why there was such resistance..MOO) After he came out, we couldn't do anything. My mother in law left and went into hiding. We were scared to death. We were also afraid he would get in a wreck and kill people. On his last day, he took a bottle of digitalis, got in his car and got in a wreck. (Fortunately, no one else was injured) However that said, I believe he could have passed a federal firearms background check because he voluntarily went to a facility.
In this day and age, a concerned family member would probably need to seek out an attorney. However when it involves kids, taking legal action with mental illness is often considered the "last step" by a parent and often results in estrangement of the parent/child relationship.
Federal law generally prohibits possession of firearms and ammunition by people who have been found by a court, board, commission, or other lawful authority to be a danger to themselves or others, or to “lack[] the mental capacity to contract or manage [their] own affairs,” as a result of their mental condition or illness.1
Federal law also generally prohibits people from possessing firearms if they have been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority.2 https://giffords.org/lawcenter/state-laws/mental-health-reporting-in-texas/#:~:text=Federal law also generally prohibits,commission, or other lawful authority.
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