Gun restriction
12-11-2014, 04:23 PM
#1
Giant Nontypical
Thread Starter
Join Date: Sep 2005
Posts: 6,867
Gun restriction
So a good friend of mine has a problem. A while back he got into it with his ex. Got upset and on his own went to the er told them he was having problems and had thought bout killin himself. When they recommended a 72 hr hold he agreed. He said when they asked if someone could take him to the hospital they were sending him too he said yes. I guess they told him they could give him a ride. When he got there he was told the hold was considered involuntary because they gave him a ride there. Well i guess a few weeks ago he got a letter in the mail saying he could no longer own purchase or redeem a firearm. He said hes going to appeal it as he went voluntery even went on his own for the help and was released with in the 72 hr hold.
He asked me if he doesnt get the appeal or in the mean time can he hunt with a muzzleloader since it ant considered a firearm. I have no idea never hadvs reason to know
He asked me if he doesnt get the appeal or in the mean time can he hunt with a muzzleloader since it ant considered a firearm. I have no idea never hadvs reason to know
12-11-2014, 05:09 PM
#2
Giant Nontypical
Join Date: Jan 2011
Location: Allegan, MI
Posts: 8,019
Before anyone should even offer a reply we need to know where that letter came from that stated what you mentioned and was it sent certified, return receipt to sender so they know he received and signed for it.
12-11-2014, 05:45 PM
#3
Boone & Crockett
Join Date: Jul 2014
Location: south eastern PA
Posts: 14,769
Not going to comment on the particulars of your friends problem, however do not assume possessing a muzzleloader is ok because it isn;t considered a firearm. They certainly are considered firearms for the purpose of the law regarding thse who may not possess a firearm in every state that I know of. The term firearm under the law has different meanings for different purposes. The question you ask should be ask of an attorney in the state your friend lives on, not the internet where a wrong answer has no consequences. I know in my state a muzzleloader is the same as a handgun when it comes to prohibition on possession.
Last edited by Oldtimr; 12-11-2014 at 05:48 PM.
12-11-2014, 07:52 PM
#8
Super Moderator
Join Date: Feb 2003
Location: Northern California
Posts: 18,258
I don't know Kentucky law but in CA, just being kept overnight, let alone for 72 hours on a mental health hold (5150 H&S in our state) is enough to prohibit you from owning, purchasing or possessing firearms for 5 years. Arizona has a 10-year prohibition.
The federal law section that you will want to Google is 18 U.S.C. 922(g)(4) which prohibits a person who is adjudged a mental defective from owning or possessing a firearm. Different states can have different laws so you will want to have your friend check with an attorney.
As far as reporting (again, I'm not sure how Kentucky does it but), in CA, any mental health facility is required by law to report anybody being kept overnight for observation to the state Dept. of Justice which maintains a separate mental health database and checks that database whenever anybody tries to buy a gun in CA and they are run through the background.
Within the last year or two, the CA legislature appropriated several million $$ to DOJ to send agents out to investigate each person reported by a mental health facility and who shows in the gun registry system as having a gun registered to them.
Since Kentucky could be quite different, your friend really should talk to an attorney. If Kentucky law is similar to CA law, he will be prohibited from owning firearms (including black powder) for at least a few years or more, depending on Kentucky law.
Aside from advising your friend to consult an attorney, he should not ever fake a suicide threat if he likes owning firearms as that is NOT a smart idea. Good luck.
The federal law section that you will want to Google is 18 U.S.C. 922(g)(4) which prohibits a person who is adjudged a mental defective from owning or possessing a firearm. Different states can have different laws so you will want to have your friend check with an attorney.
As far as reporting (again, I'm not sure how Kentucky does it but), in CA, any mental health facility is required by law to report anybody being kept overnight for observation to the state Dept. of Justice which maintains a separate mental health database and checks that database whenever anybody tries to buy a gun in CA and they are run through the background.
Within the last year or two, the CA legislature appropriated several million $$ to DOJ to send agents out to investigate each person reported by a mental health facility and who shows in the gun registry system as having a gun registered to them.
Since Kentucky could be quite different, your friend really should talk to an attorney. If Kentucky law is similar to CA law, he will be prohibited from owning firearms (including black powder) for at least a few years or more, depending on Kentucky law.
Aside from advising your friend to consult an attorney, he should not ever fake a suicide threat if he likes owning firearms as that is NOT a smart idea. Good luck.
Last edited by CalHunter; 12-11-2014 at 08:00 PM.
12-11-2014, 07:57 PM
#9
Giant Nontypical
Join Date: Jan 2011
Location: Allegan, MI
Posts: 8,019
Cal---If this was on the up and up, wouldn't the guy get more than a letter sent by standard mail so that it is verifiable that he was issued that order? I just can't see something that important being sent by regular mail like the OP stated.
12-11-2014, 08:07 PM
#10
Super Moderator
Join Date: Feb 2003
Location: Northern California
Posts: 18,258
Since we're getting it "3rd hand," I assumed the OP was possibly getting some garbled details and just answered his question in general terms. Even though I've worked as a cop and in government for a long time, nothing surprises me anymore. I do know that eventually mental health is going to become a much bigger issue in gun rights when people start to figure out that just about all school and public mass shootings appear to be done by mentally ill people. Sooner or later, some congressman is going to figure out that a lot more could be done to help mentally ill people and make the rest of us safer. CA seems to be a little ahead on that concept. Kentucky might be also or might not. The OP got a lot of good advice from a lot of members. If he passes it on to his friend and his friend acts upon it, the friend would be wise. If the friend ignores or blows off the wise advice, well, that choice is kind of like telling mental health people that he feels suicidal when he doesn't. Not a very smart idea. 
