Mental Health and Family Gun Ownership

Articulate

Articulate

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So, I'm aware that checking into a mental health facility is practically disowning your 2A rights. But does that extend to the rest of the family in your household? If it is a minor that lives with you, would you surrender your rights as well? Same situation with a spouse, if a husband/wife is admitted to a mental health facility is there going to be any limitations to their other half in regards to keeping firearms in the house?

I'm looking more at the legal side of things and this is all hypothetical scenarios.
 
See instructions for form 4473 question 11f.

Commitment and adjudication are formal legal processes with due process rights. Checking yourself in voluntarily is a very different thing.
 
Goofyfoot2001;n43726 said:
Nope. If they get at your gun and it wasn't locked up, and they then harm someone, I can foresee a civil suit for sure. (I'm not an attorney, just an American)
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Not only a civil suit, but under current NC law, you can be charged criminally as well.

I'm not a lawyer either, but I know the law. Read NCGS 14-315.1.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-315.1.html

§ 14-315.1. Storage of firearms to protect minors.

(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

(1) Possesses it in violation of G.S. 14-269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. [FONT=Times New (W1)](1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)[/FONT]
 
trcubed;n45393 said:
Not only a civil suit, but under current NC law, you can be charged criminally as well.

I'm not a lawyer either, but I know the law. Read NCGS 14-315.1.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-315.1.html

§ 14-315.1. Storage of firearms to protect minors.

(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

(1) Possesses it in violation of G.S. 14-269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. [FONT=Times New (W1)](1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)[/FONT]
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That only applies to minors, not spouses.
 
The answer is that no it does not reflect on you,criminally, if your spouse or another adult living in the same home is involuntary committed or adjudicated in competent. The same as if you live with a felon you still retain your rights to a gun. But sound common sense should be followed to secure all weapons in both situations.
Im not an attorney if your looking for legal advice call an attorney. But this is my understanding of it.
 
Cowboy;n45432 said:
That only applies to minors, not spouses.
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Correct. I replied to the 'minor' question, and forgot he had included spouses in the OP. Thanks for clarifying that on my behalf.
 
trcubed said:
Cowboy;n45432 said:
That only applies to minors, not spouses.
Click to expand...

Correct. I replied to the 'minor' question, and forgot he had included spouses in the OP. Thanks for clarifying that on my behalf.
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Oh no, not at all. I inadvertently skipped that important part and you helped fix it. I sincerely appreciate your help.
 
I'm not a lawyer either, but I suspect that the 4473 questions would include the household instead of just the purchaser if they could use others in the house to disqualify you. Certainly Obama would have had BATF do that if he could.
 
trcubed said:
Cowboy;n45432 said:
That only applies to minors, not spouses.
Click to expand...

Correct. I replied to the 'minor' question, and forgot he had included spouses in the OP. Thanks for clarifying that on my behalf.
Click to expand...
Good I didn't intend it negatively. Sometimes the typed word just is hard to convey actual thought.
 
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