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One of the questions asked on ATF 4473 (the background check form you fill out when purchasing a firearm) asks, have you been "adjudicated mentally defective". Also, have you "been committed to a mental institution". This has been the law since 1968 (hence the terminology).
Does anyone know exactly what this means, and what the process is? I would guess that someone that has been determined to be "mentally ill" by a doctor can be taken to court and, if the legal standards are met, they can be declared defective, and their civil rights can be revoked. But that's only a guess from the term-does anyone have any experience in the process and a better legal understanding of the term?
Also, what is involved in getting someone believed to be incompetent and a threat involuntarily committed to a mental institution?
One of the questions asked on ATF 4473 (the background check form you fill out when purchasing a firearm) asks, have you been "adjudicated mentally defective". Also, have you "been committed to a mental institution". This has been the law since 1968 (hence the terminology).
Does anyone know exactly what this means, and what the process is? I would guess that someone that has been determined to be "mentally ill" by a doctor can be taken to court and, if the legal standards are met, they can be declared defective, and their civil rights can be revoked. But that's only a guess from the term-does anyone have any experience in the process and a better legal understanding of the term?
Also, what is involved in getting someone believed to be incompetent and a threat involuntarily committed to a mental institution?
You answered your own query.
Adjudicated means judged or declared, and mentally defective is a nicer way of saying someone is mentally "ill".
Being committed to a mental institution is self explanatory. Only question that may arise is if the commitment was voluntary or involuntary.
As far as I know the current legal standard is that only those who have been adjudicated as mentally incompetent can be prevented from owning guns, or confined involuntarily to a mental institution. Generally speaking one doesn't get declared insane by a court of law unless one is an active danger to society.
I think the real problem is that many mentally ill people DO NOT know they are mentally ill, so only a very small percentage of them seek help.
In my opinion, step number one is to get a clean bill of mental health from a licensed psychologist BEFORE purchasing ANY kinds of firearms. You want to buy a gun? Go to a licensed psychologist, if you passed the psychological evaluation, then that is your first step of purchasing a gun legally. Just copy the mental health screening for recruits in the military, it should not be that hard or time consuming. It won't cost too much $$$$ either because the potential gun owner can pay for it. I am okay with it if this is what takes.
I am not saying this will eliminate all the problems, it certainly is much better than ban ban ban all the guns.
they are also known as hospitals, or asylums. you might want to invest in a dictionary.
being adjudicated as mentally defective means you go up in front of a judge, or a jury depending on whether or not you want a jury trial. and it is a civil trial which means the verdict is based on the preponderance of the evidence, IE the weight of the evidence for or against you. if more evidence is provided that you are a danger to yourself or others, or that you are mentally defective in some manner, then the judge rules against you.
it is usually done in competency hearings, or commitment hearings where the family wants to get you help for problems.
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