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December 19, 2012, 08:47 AM | #1 |
Junior Member
Join Date: December 18, 2012
Posts: 1
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Question regarding the 4473
As I am new to these forums, I'm not exactly that sure this is the correct section for this thread; it did seem the most fitting, though. I have never attempted to purchase a firearm of any sort, but find myself with the desire to do so now. While doing a little research on the procedure, I came across a copy of the ATF 4473 form containing a questionnaire with 12 or so "Yes" or "No" questions. One of them asked about ever having been adjudicated mentally defective or committed to an institution, which is the one I have a question about. When I was around 14 I was having difficulty coping with multiple family tragedies and subsequently spent a week in a facility that monitored minors that could potentially be "at-risk". I was not there for violence or anything of that nature, simply persistent depression my family found worrisome. My mother voluntarily asked that I be evaluated, which I agreed to, so my question is whether or not I would need to answer "Yes" to that question on the 4473. Other than that bout of situational depression, I have never been diagnosed with any mental illness, but I want to make sure that I am not answering incorrectly on the form. Thank you for any help you can offer.
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December 19, 2012, 08:51 AM | #2 |
Senior Member
Join Date: January 2, 2011
Location: Arizona
Posts: 1,171
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Don't take my word on this, but I think so long as you were not officially documented for having some sort of mental deficiency that could be a detriment and/or potentially lethal to your own safety/health or to those around you, you should be ok. If it was not officially documented that you are unfit to possess a firearm(s) then there is nothing to worry about.
Can someone confirm this for me please? |
December 19, 2012, 09:41 AM | #3 |
Senior Member
Join Date: October 9, 1998
Location: Ohio USA
Posts: 8,563
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I'm not a lawyer & this is by no means legal advice..
My nephew had a similar experience when he was still a minor.
His mother agreed to have him placed under observation for a week. I asked a gun shop owner once if that would disquailfy him. I was told since it was voluntary and not court ordered, it didn't fit under the term "adjudicated" & he could anwer no to the question. In the end it didn't matter since my nephew had/has no interest in having a gun. |
December 19, 2012, 09:54 AM | #4 | |
Staff
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
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Caveat: I am a lawyer, but I am not your lawyer. I am only licensed in Arkansas and the federal courts, so I am probably not licensed in your jurisdiction. Accordingly, do not rely on my statements. If you want some honest-to-goodness legal advice, go hire a lawyer in your jurisdiction.
With all of that said, federal law specifically exempts voluntary commitments from the definition of "adjudicated as a mental defective." Quote:
Whether or not your State law mirrors federal law on this issue is a question to which I do not know the answer. Check on your State law to see what it has to say on the matter. Welcome to The Firing Line!
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I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some. |
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December 19, 2012, 06:51 PM | #5 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
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As Spats McGee has already pointed out, words have meanings. "Adjudicated" means "adjudicated" -- involuntarily committed pursuant to a court order.
Your answer to the question is "No." |
December 19, 2012, 08:07 PM | #6 |
Staff
Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
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The answers given are correct on statute, but we can't give you the assistance that you'll get from professional legal counsel. It's worth spending the money to be sure.
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Sometimes it’s nice not to destroy the world for a change. --Randall Munroe |
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