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Old December 19, 2012, 09:54 AM   #4
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 8,515
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:
Adjudicated as a mental defective. (a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:

(1) Is a danger to himself or to others; or

(2) Lacks the mental capacity to contract or manage his own affairs.

(b) The term shall include—

(1) A finding of insanity by a court in a criminal case; and

(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
27 C.F.R. 478.11

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.

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