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Having weapons while under disability??

Discussion in 'Legal' started by The Grand Inquisitor, Jul 5, 2004.

  1. The Grand Inquisitor

    The Grand Inquisitor Well-Known Member

    What the hell does that phrase mean? I ask this because I am a disabled person myself (I have lots of health problems but I am more than qualified to fire a weapon at the range) and I don't want to be in violation of some arcane law I have never heard of before today.

    Anyone know?
  2. Preacherman

    Preacherman Well-Known Member

    I think they're talking about legal disability - e.g. a restraining order of some kind, for instance.
  3. whm1974

    whm1974 Well-Known Member

    yes this what the law referers to. But after helping a friend fill out his IL FOID appicaton I notice that one question ask if he has been a patient at a mental hospital during the last five years. Funny but I recall that when I filled mine out five months ago, it asked if I even been involitary committed in a mental hospital during the last five years.

    I fon't know about federal law, but in IL if you have been a mental hospital patient within five years you can't own a gun. So if a person sees a shrink at a mental hospital but is not committed, will the state courts rule that person isn't permitted to own any guns?

    If a person is getting disability due to metal illiness, then there may be laws forbiding him to have firearms.

  4. Gray Peterson

    Gray Peterson Well-Known Member

    I don't know about the state laws in every state, but since my partner is recieving SSI due to an emotional/mental disability, I can speak with just a bit of authority on the matter.

    He's his own payee. Even if he isn't his own payee, he would still be able to own, buy, or possess firearms under federal law. Why? Because the federal law states that only people who have been declared mentally incompetent BY A JUDGE can lose their federal firearms rights. Abuses by family and authorities of involuntary commitments is what led to changes in the law in 1986 to make sure that there was some judicial oversight to losing one's firearms rights.

    State laws are a different matter. Washington itself doesn't have much more different laws than the feds, but I've heard a few states will not allow anyone to possess firearms if they've been "involuntarily committed", even if proved later that that commitment was done under false pretenses. California, for example, with it's 5150 statute.
  5. The Grand Inquisitor

    The Grand Inquisitor Well-Known Member

    Thanks guys, I have a disabling illness, and the last thing I really want is to have some ordeal about not being able to own my weapons because of it.

    Thanks again.
  6. whm1974

    whm1974 Well-Known Member

    From what I am reading, here in IL if someone checked himself into a mental hospital, he then loses his gun rights for five years. What is next, anyone that is under the care of a shrink can't own a gun?

    Now as far as being "involuntarily committed" Does California allow the person to own guns after they been released for a time period? Here in IL it's five years.

  7. xild

    xild Member

    If a person checks him/herself into a mental facility, how would anyone even know about this?

    Honest question.

    And a great one for my first post here. :rolleyes:
  8. noklue3

    noklue3 Well-Known Member

    It is not a disability as in "being disabled". It is more as to being drunk, loaded etc. Here is the Ohio revised code on the matter:


    § 2923.13. Having weapons while under disability.

    (A) Unless relieved from disability as provided in section 2923.14 of the Revised Code, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply:

    (1) The person is a fugitive from justice.

    (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.

    (3) The person is under indictment for or has been convicted of any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been an offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

    (4) The person is drug dependent, in danger of drug dependence, or a chronic alcoholic.

    (5) The person is under adjudication of mental incompetence, has been adjudicated as a mental defective, has been committed to a mental institution, has been found by a court to be a mentally ill person subject to hospitalization by court order, or is an involuntary patient other than one who is a patient only for purposes of observation. As used in this division, "mentally ill person subject to hospitalization by court order" and "patient" have the same meanings as in section 5122.01 of the Revised Code.

    (B) Whoever violates this section is guilty of having weapons while under disability, a felony of the third degree.


    All the best,

  9. whm1974

    whm1974 Well-Known Member

    Well here in IL, in order to own a gun you have to be issued a FOID card by the state police. They do check for court records. However I don't know how they found out if someone has check himself in a mental facility before. If that person already has a FOID card, then I don't if this will show up on NCIS.

  10. deej

    deej Well-Known Member

  11. jnojr

    jnojr Well-Known Member

    Would it be possible to check into such a facility as John Doe, but have billing under your real name? So, basically, it would show that you are paying for John Doe to receive attention. Of course, wouldn't work with insurance. But for insurance purposes, maybe you could ask a private practice doctor to put something on the permanent records other than "Psychotic nut-job"?
  12. xild

    xild Member

    There are plenty of people who check themselves in to a hospital for depression, after losing a family member to murder, losing their job, spouse, going thru a divorce, many things.

    These are temporary bouts of depression and I sincerely doubt many of these people could be called mentally defective. As far as the companies who provide confidential information on our populace, I wish some good hacker would go in and take a big chunk out of their systems. :fire:

    I am still very unclear about this. And I fear it could endanger many gun owners, particularly females who have been through a lot of trauma, or Vietnam and more recent Vets, who are not "mentally defective" to be put in prison at some further time in our country's history, because they applied to purchase a gun and were given one, but who may have chosen not to reveal that they had been treated in a mental health hospital at one time in their lives.
  13. whm1974

    whm1974 Well-Known Member

    You know some docters give a discount if they are paid in cash. Some shrinks may do this. Owning guns aside, there are other problems if it was known that a person was under treatment for mental illness. If a person can, he should pay for services in cash, and use an assumed name.


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