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Old February 3, 2014, 12:21 AM   #1
Join Date: February 4, 2011
Location: Fond du Lac, WI
Posts: 37
Definition of "Mentally Defective"

I have a friend who had never bought a gun before, but wanted a Mosin from fleet farm. Not anticipating any problems, he went in and tried to purchase one, but his background check was not immediately approved, and the clerk told him that the ATF would have an answer for him in 48 hours. The answer came back the next day as a "No." He called me, the "gun guy," and asked me for my input on why. After asking him about any felonies, domestics, or restraining orders, (no to all), we got to his mental health history. He told me he WAS court ordered to undergo a psychological evaluation, and was originally diagnosed with borderline personality disorder, but then after a reevaluation, was diagnosed with intermediate explosive disorder, with the original diagnosis being thrown out. As the language states, you can be denied for having a mental disorder which makes you a danger to yourself or others, but ALSO it states that you must be found "insane" as well. Now, Intermediate Explosive and Borderline Personality both fall into the "danger to yourself or others" category, but are not, as far as i know, diagnoses of insanity. I wish there was a comprehensive list of mental illnesses/disorders that would bar a person from buying a firearm. Any help on this is appreciated.
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Old February 3, 2014, 12:33 AM   #2
dogtown tom
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Join Date: January 23, 2006
Location: Plano, Texas
Posts: 2,126
1. ATF doesn't have anything to do with the NICS background's the FBI.
2. The LGS should give your friend the NICS transaction number and information on the appeals process. Once your friend submits a request IN WRITING to the FBI NICS they must respond within five days with the reason for the denial.
3. You aren't the FBI. You do not know the reason why he was denied.....they do.
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Old February 3, 2014, 01:26 AM   #3
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
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The definitive answer to the OP's question was provided in post 2. There's nowhere to go from there except to speculate, and that would not be helpful.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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