The 2nd amendment and mental health

[anvil_fire]

Well the thinkin has gotten to me.

One of the biggest pushes these days from gun control advocates is "mental health concerns". Now truth be told, I've known some real nutters in my day that I wouldn't want to have a firearms. However......

I've always been a firearms owner, and I've always been level headed. But lets throw a hypothetical in there. Lets say you have a tragedy, spouse dying, child dying etc. If you go to a councilor out of grief, and possibly say something that is out of character for you, something you only felt as a fleeting emotion. Could that possibly inhibit my 2nd amendment rights? Because I feel like this legislation could possibly put good, law abiding gun owners that are going through hard times in a tough spot. Counseling or Freedom?

 

[Art Eatman]

In theory, based on the precepts of our constitution and legal system, rights can only be lost via court adjudication. A negative report from a pshrink could lead to some court proceeding, but it's not enough to cause the loss of a right.

 

[MIL-DOT]

The Left already considers it "crazy" and "dangerous" to own a gun, so yeah, eventually their "logic" will end up at: "all gun owners are, by definition, crazy and unstable, so therefore should be barred from owing firearms".

 

[MedWheeler]

A person involuntarily ordered into a psychiatric facility due to concerns of a physician or LEO (I'm using Florida's "Baker Act" as example here) over such "fleeting comment" could be considered to have been institutionalized for mental health purposes.

However, the purpose of such placement is supposed to be "for observation" (hence, the 72-hour cap), so it may also be argued that it was not for "treatment" of any psychiatric disorder if none was diagnosed.

I handled a case involving an 18-year old girl who broke down with upset over the fact that, during a follow-up exam weeks after a bad car crash, she was told the cervical halo she has placed needed to remain on for several more weeks, and would not come off before her high school prom. A comment along the lines of "I'd rather be dead than keep this thing!" had her immediately sent across the street to the MH facility. I'd certainly hope that that alone would not cost her any civil liberties.

 

[FL-NC]

I doubt that would happen based on 1 shrink's assessment. There was a rumor going around forever that PTSD was an automatic loss of 2A rights. Which would be interesting- previously deployed military (many still on active duty), police officers who have been in shootouts, firemen and other emergency workers, and victims of sexual assault and other terrible abuses all forcibly disarmed.

 

[heyjoe]

In theory, based on the precepts of our constitution and legal system, rights can only be lost via court adjudication. A negative report from a pshrink could lead to some court proceeding, but it's not enough to cause the loss of a right.

In New York, under the safe act, it would be. Noit just a shrink but any mental health professional, including social workers.

 

[blarby]

"I'd rather be dead than keep this thing!" had her immediately sent across the street to the MH facility.

and this is really the crux of the problem with mental health and firearms. Well, a large part of it, anyway.

Legally, when certain catch phrases are uttered, it triggers a legally mandated response.

Something spoken under extreme duress can lead to extreme situations in rather short order.

Given that a fair majority of firearms owners are "loose lipped" in the chosen vernacular, consulting with a mental health professional is a minefield waiting to happen.

While a certain amount of conversational latitude can be given between friends and family, don't count on ANY in a professional setting. Your words can, and will, be interpreted exactly as they roll off your tongue.

 

[BSA1]

The short answer is in most States voluntary counseling and treatment with meds is it will not affect your 2A rights.

Doctor / Patient confidentiality rules exist in.most States. The big danger with Obamacare is if the Feds require Doctors to report patients that receive certain type of treatment.

There is a tremendous amount of misunderstanding and stigma with mental illness even within the medical community.

 

[anvil_fire]

I guess having a "prepper" mentality is the thing. Would it be better to "muscle" your way through a legitimate period of hurt and not seek help, versus possibility being stripped of your rights? Me personally, i seek the help of my religious authority over a psychologist to resolve issues. But i am understanding of people that are not religious, or do not confide in their pastor/priest. Is it worth it? More so, if you flee from treatment, could you become dangerous to others or suicidal? I may seem crazy, but i think that these are legitimate problems that we 21st century gun owners face.

 

[Spats McGee]

While this is a legal issue, this thread has become so vague as to be meaningless as a legal discussion. If anyone wants to crank up a new thread with real cases and controversies, maybe some statutes to discuss, feel free.

This one, however, is closed.