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Meaning of ATF Form 4473 - 12F?

Discussion in 'Legal' started by GHF, Nov 29, 2008.

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  1. GHF

    GHF Member

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    Is there some sort of explaination of this part of the form. It concerns individuals who may be prohibited from buying firearms (and I assume possessing). It was reworded after Virginia Tech.

    It does not affect me, but I have some relatives (wife's side) that have begun to indicate an interest in purchasing/CCW firearms.
     
  2. General Geoff

    General Geoff Member

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    What part of the question are you concerned with?
     
  3. allank

    allank Member

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  4. Smithiac

    Smithiac Member

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    If you answer yes to that question they are not permited to transfer the gun even if thebackground check is passed.
     
  5. Bubba613

    Bubba613 member

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    If someone answers yes to that question you (meaning the FFL) are not allowed to submit the application for processing. The process must be stopped right there and the sale denied.
     
  6. Oro

    Oro Member

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    Bear in mind these phrases are legally specific and they refer to being judged in a court or forcibly committed by the state. Voluntarily seeking mental health counseling, either outpatient or inpatient, does not bar the person in 12f.

    I believe the links allank posted above address this - so don't jump to a conclusion someone is banned without checking the "legal-ese."
     
  7. jfh

    jfh Member

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    The key concept here is that "adjudicated" and "committed" have specific legal definitions. Keep in mind that the 4473 is a federal form, and that state laws may or may not reference the terms here.

    IOW, some states also have reporting rules and rules--NJ? CA?--that are much less well-developed as law--not to mention a substantive amount of case law to assist in their definition.

    Jim H.
     
  8. 7.62X25mm

    7.62X25mm member

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    cyber glitch
     
    Last edited: Nov 30, 2008
  9. 7.62X25mm

    7.62X25mm member

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    cyber glitch
     
  10. 7.62X25mm

    7.62X25mm member

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    There was a big flap a while back (not sure when) that the Veterans Admin was "default" designating veterans "at risk for harming self or others" in relation to diagnosing PTSD (Post Traumatic Stress Disorder).

    The rationale behind the VA designation was to provide a "safety net" for veterans to keep them from "falling through the cracks" with regard to adequately diagnose suicidal or violent ideation in returning veterans.

    The upshot of the VA protocol was that veterans were being denied RKBA because of this "federal" designation.

    Supposedly, this issue has been cleared away and veterans RKBA rights restored. I know lots of veterans diagnosed with PTSD as a service connected disability. This diagnosis seemingly does not affect NICS.

    "Adjudicated" and "committed" are specific legal terms with regard to diagnosis/assessment of mental competence.
     
  11. Thin Black Line

    Thin Black Line Member

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    That is key here. If someone fought their commitment in court and were
    ordered into in-patient psychiatric care by the judge, then they are prohibited.

    If someone's doctor/therapist "recommends" they get inpatient care, the
    person consents and goes into care, and is then discharged, then 12f still
    does NOT apply to them.

    Veterans simply diagnosed with PTSD are not considered in any different
    manner in the system that I am aware of.
     
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