[Aguila Blanca]

Originally Posted by KyJim

I'm sure there's a lot of variance in each state. In my state, it is a staff physician of an acute care hospital who can order someone involuntarily admitted for up to 72 hours. Police are authorized to bring someone in whom they believe should be involuntarily admitted.

Sure, police can suggest that someone be evaluated, but that's not the same as being involuntarily committed. The actual language on the 4473 reads:

f. Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?

Then we look at the back side to see what the question means:

6. The transferee of a firearm should be familiar with 18 U.S.C. § 922. Generally, § 922 prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: has been convicted of a misdemeanor crime of domestic violence; has been convicted of a felony, or any other crime, punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less); is a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance; has been adjudicated mentally defective or has been committed to a mental institution; has been discharged from the Armed Forces under dishonorable conditions; has renounced his or her U.S. citizenship; is an alien illegally in the United States or a nonimmigrant alien; or is subject to certain restraining orders. Furthermore, section 922 prohibits the shipment, transportation, or receipt in or affecting interstate commerce of a firearm by one who is under indictment or information for a felony, or any other crime, punishable by imprisonment for a term exceeding one year.

"Adjudicated" is self-explanatory. That must involve a hearing before a court of competent jurisdiction, and a ruling by the judge. Beyond that, it is a matter of state law as to whether or not any other party may "commit" someone to a mental institution against their will. Further, I suspect it's also going to be a matter of state law as to exactly what constitutes a "mental institution." Is being admitted to the local, general hospital for a weekend or a week for observation equivalent to being "committed"? I don't know ... and I suspect the answer will not be the same in all 50 states. KyJim's example is a good one for raising the question. If a doctor can order someone admitted for up to 72 hours at an "acute care" hospital -- is an acute care hospital a "mental institution"? I don't know .. but I doubt it. Is a 72-hour observation period being "committed"? I don't know but, again, I doubt it.

Remember, we are dealing with laws here. Laws use words, and words have meaning. Laws mean only what they say, nothing more and nothing less.