question re: MA Law and "confined for mental illness"

[guanoloco]

The statute reads: [prohibited persons for acquisition of license to own firearms include one who...]
"has been confined to any hospital or institution for mental illness,"

My friend and I were debating what is actually meant by "confined". Typically, "confined" implies involuntary admittance. However, one could argue that as soon as a door in a room is closed, even if closed by yourself, you are confined.

What would the situation be for someone with a VOLUNTARY inpatient admission?

It seems clearcut that involuntary situations would be prohibited- but it was my understanding that (at least in other states?) voluntary admission wasn't supposed to be a problem.

If anyone has any knowledge on the matter, I'd love to hear it. I'm glad I've left the PRo-MA, but sad to have friends stuck there living under some bizarre laws. (the roster of acceptable handguns anyone?)

Thanks in advance!

 

[cbsbyte]

I have been told it meant involuntary confinement to a mental institution. Though voluntary admission could be grounds for rejection if the reason for admission was severe enough.

 

[guanoloco]

that's kind of what i figured- thanks!

I wonder what kind of reasons you're thinking of... I'd think if a person was with it enough to seek help, they shouldn't be ruled out. Of course, if someone is seriously schizophrenic and hearing voices and seeing things? er... then yes- maybe they could realize they need help BUT ALSO should (just mho) be disqualified...

just out of curiosity- who told you that? The only reason I ask is that I haven't really been able to find anything on the web that defines the terms/conditions. Granted, i haven't poured through law libraries looking to see if there's any case history that might produce a definition of "confine".

Yes- i realize this is one of those things where a lawyer could be contacted, but he'd probably want a fee... and frankly- for the purpose of settling a friendly debate... not worth it!

 

[VARifleman]

If you voluntarily go, you can voluntarily walk away at anytime. That's hardly confined.

 

[guanoloco]

see- that'd be my thought... but it's too logical and rational to have worked its way into MA law... haha

 

[TEDDY]

confined

GUANALOCO:glad to see you excaped.so did I.feel so sorry for my friends still there.its nice to step out the door and test out a gun rather than hear the siren.---

 

[AirForceShooter]

If you voluntarily go how does anybody know.
It can't be checked.

AFS

 

[guanoloco]

actually- it can be checked. I found out that public hospitals in the PRoMA are REQUIRED to report anyone registered as an inpatient to the state's mental health board (which the LTC/FID check accesses). HOWEVER- what I'm not sure about is how that plays out with "confine[ment]" and if the system is more advanced than just "ever admitted or not" and checks for "involuntary admission".

Don't even get me started about how this ends up violating HIPAA rights all over the place... *sigh*

teddy - i'm glad you escaped too! haha I'll probably be un-escaping in the next three years... alas. (work keeps me moving but i suspect the next round will put me in MA.. or NY. and frankly, i'd ratherbe in MA)

 

[Kentak]

However, one could argue that as soon as a door in a room is closed, even if closed by yourself, you are confined.

No, that's not what confined means in the context to which you are referring.

K