What is too ill for a firearm?

Asked over 1 year ago - Republic, WA

I was wondering what does it take to be too mentally unstable to own a firearm. Who decides what is too ill for a person to safely own a gun? I know that if a person is found innocent by reason of insanity they loose the right to own a firearm but...what else decides? Does a person have to check into a clinic for schizophrenia to loose the right, or what? Does any of this show up on an FBI background check?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . The gun laws from where you live will govern you. All 50 states must follow the federal gun law possession ban.

    In your state, when you are looking to possess a gun, you will run into it as well. Check with a local lawyer to make sure you can reinstate your civil rights so you may own a gun legally.

    Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what the law in your particular state says: (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Fugitive from justice; (3) Unlawful user of or addicted to any controlled substance; (4) Adjudicated as mentally defective or has been committed to a mental institution; (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Discharged from the US military by dishonorable conditions; (7) A former citizen of the United States who has renounced US citizenship; (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or (9) Convicted of a misdemeanor crime of domestic violence .... Cannot lawfully receive, possess, ship, or transport a firearm. If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what your state law says.

    So before some lawyer tries to convince you to dig up a long lost file, file a form, pay a fee and go to court, make sure you understand that federal law must be followed by all 50 states.

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