Will I ever be able to get a CCW?
November 6, 2009 10:40 AM Subscribe
I made a supremely stupid decision and am now wondering whether it's going to ruin my chances of ever getting a CCW. More inside.
posted by anonymous to sports, hobbies, & recreation (10 answers total) 3 users marked this as a favorite
Last summer in the Bay Area of California, I superficially cut my wrists. The police came, put me in an ambulance, and sent me to a mental health facility. I asked them not to take me to the hospital. I was told I was being 5150'd.
At the mental health facility, I signed documentation that stated I was aware I could be held for up to 72 hours for observation before being admitted involuntarily. The box that said "You cannot purchase a firearm for 5 years without a judge annulling this document" was left unchecked.
In about two hours, I was interviewed by the psychiatrist, who then deemed that I was stable and could be released the same day. So, I spent about 6 hours sitting in an emergency room-esque area with a bunch of other people, and then I was discharged to a friend and taken home. A few months later, I was billed for the cost of the hospital visit. Insurance covered it.
I have residency in the state of South Carolina and will soon be eligible to apply for a CCW. I would also like to be able to carry in Georgia.
Essentially, I am wondering if a) I should answer "No" to "Have you ever been adjudicated mentally incapacitated or committed to a mental institution?" on the South Carolina application and if b) I will pass a NICS background check.
On the 4473 form for purchasing a handgun, the section Adjudicated Mentally Defective states "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. This 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."
The section Committed to a Mental Institution states "A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution."
I know you are not a lawyer, but I have been unable to find clarification about this. I will likely speak to a lawyer soon, but perhaps some of you have insight. I really, really hope that an immature decision will not jeopardize my gun-owning chances for the rest of my life.
Throwaway email at firstname.lastname@example.org. Please email me for any clarification or advice. Thanks so much.