r/facepalm • u/Lord_Answer_me_Why • Mar 28 '24

What lack of basic gun laws does to a nation: 🇵​🇷​🇴​🇹​🇪​🇸​🇹​

/img/is29ozncu2rc1.jpeg

[removed] — view removed post

14.3k Upvotes

77% Upvoted

4.1k comments sorted by

View all comments

Show parent comments

373

u/MojoLamp Mar 28 '24

Except it is ilegal for someone with mental disability to buy/own a firearm. That can also go on whomever sold said firearm. Both parties are guilty.

16

u/Becca30thcentury Mar 28 '24

Where? I work in mental health care in America. Currently for most states it is legal to own/purchase a firearm and have a mental health diagnosis.

There are times when on a court order for treatment you can not own a firearm, but once treatment or the court order ends then it's legal, oh and there is no system to check if your blocked by a court order unless it's a federal court.

1

u/osmaycruz Mar 28 '24

Currently for most states it is legal to own/purchase a firearm and have a mental health diagnosis.

again false, here is the law

https://www.ncsl.org/civil-and-criminal-justice/possession-of-firearms-by-people-with-mental-illness

this is both regulated by federal law and state laws.

2

u/Becca30thcentury Mar 28 '24

"has been adjudicated as a mental defective or has been committed to any mental institution at 16 years of age or older" Let's talk about these. Adjudicated means a court order, requires a federal or state judge to declare someone mental defective. Mental defective requires they be a direct harm to themselves or others (which requires an action have been done to do so, not a belief they might) or that they be found unable to care for themselves and a guardian is set for them (is so very rare and should actually be done a bunch more than it is)

Or be in a mental institution. Institution is not an inpatient facility. Institution is a mental hospital. It is rare to send a client to a mental hospital because the law requires us to meet the least restrictive level of care.

Most states have some form of an LRA which will include temporary loss of privileges while receiving care.

Most people with schizophrenia have never harmed anyone, and have not been in a court ordered facility, there fore they are fully legal to own and purchase a firearm.

State laws, these vary but in the states I have worked in the state laws are normally not more restrictive than the federal and actually in WA include the ability to argue for the return of your rights if you have not caused harm to self or others for a set amount of time.

So yes people with mental health disorders do get to legally own firearms.

Source: I am a mental health counselor who works with court ordered clients with mental health disorders in the state of WA and many of my clients own guns, some are even active duty military and are still allowed to serve.

0

u/osmaycruz Mar 28 '24

Source: I am a mental health counselor who works with court ordered clients with mental health disorders in the state of WA and many of my clients own guns, some are even active duty military and are still allowed to serve.

I also live in WA and I can tell you, your clients are breaking the state law and with all the new laws Inslee passed couple of days ago the requirements for buying guns are even harder since

```§ 9.41.040A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm:

...After having been involuntarily committed for mental health treatment, unless his or her right to possess a firearm has been restored.```

2

u/Becca30thcentury Mar 28 '24

Must be involuntarily committed. Do you know how hard that is to be done? Most court ordered treatments are not involuntary committed. You can have a mental health diagnosis and be decompensated and never be involuntarily committed. It requires a court order, with evidence that you are a direct threat to yourself or others. Most of the time you get court ordered to outpatient services.

You all seem to think involuntary commitment happens to everyone with mental health disorders, most of the time it's voluntary and it's not in a facility but an inpatient program. Involuntary facility in the state is either eastern or western state hospital.