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What is too ill for a firearm?

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?

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Attorney answers 1


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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