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Does Florida have access to mental hospitalization records?

Discussion in 'Legal' started by cache05, Oct 8, 2005.

  1. cache05

    cache05 New Member

    Oct 8, 2005
    I'm 21 and later this week i'll be having a background check done on me when I pick up my gun. (i'm currently in the mandatory 5 day waiting period).

    About 3 years ago I was feeling a little blue and my mom read an email I wrote saying I wanna kill myself, though I didn't really mean it. My parents sent me to the ER and I was transfered to a psychological hospital for about 48 hours. Anyway, in the state of florida, will this disqualify me from passing the background check?

    I found this:

    from here ...and was wondering if Florida is one of those 28 states.

    Also found this...

    but i'm still not sure if during the NICS call, the record will show up and disqualify me.

    I'm in perfect mental health now and if worst case scenerio, I don't qualify because of this, is there some kinda waiver I can get from a psychician to override the record?

  2. beerslurpy

    beerslurpy member

    Nov 8, 2004
    Spring Hill, Florida
    I beleive it refers to people who were adjudicated "mentally incompetant" as an alternative to finding them guilty. The idea is to disarm people who cannot form mens rea, which is an element in many violent law crimes.

    For example, your nutty ex-girlfriend who pops Zoloft could probably buy guns, but the guy who murdered his family with a chainsaw because Moloch spoke to him through the microwave oven might have difficulties.

    Also, in your case there will be no court order for your confinement- your mom told you to go there and you obeyed her. Just because you felt compelled to obey your mother over your own wishes does not make it involuntary in the legal sense of the word.
  3. Dmack_901

    Dmack_901 Member

    Sep 14, 2004
    No that's all confidential, as it should be. Personally I think you might not be the right person to have a gun, if you have had thoughts like that, but the government has no access to those records.

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