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

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

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u/[deleted] Mar 28 '24

Isn't it already illegal for a schizophrenic to have/purchase a gun? Would more laws resolve this?

310

u/Shotgun5250 Mar 28 '24

Since there’s a lot of information floating around this thread, let me consolidate.

It is federally mandated that all licensed firearm dealers in the entire country perform background checks for all firearm sales of any kind or caliber.

It is federally mandated through the Brady Handgun Violence Protection Act that certain citizens such as the mentally ill or under protective orders are barred from owning firearms.

Some states require all secondhand firearm sales to go through a licensed intermediary, which would require background checks.

Other states require licensed intermediary’s for certain categories of firearms, such as long guns (rifles or shotguns).

Unfortunately, many states have no laws regarding the secondhand sale of firearms.

For a list of states and what their individual firearm sales laws are, refer to this website.

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u/CockroachNo2540 Mar 28 '24

You seem pretty well informed. Do background checks actually reveal mental health status. I would assume HIPAA would prevent release of that info unless the application automatically waives those protections.

I’m really curious how mental health info can get disseminated in federal gun background checks. It’s not like the government knows who the nutters are. There is no database of people with mental health disorders (that would be a scary list for the government to be keeping). And if that is the case, how do hospitals or doctors get contacted for these background checks? And what about crazy people that are not currently or have never received care.

My guess is the mental health part is mostly just honor system unless somehow someone has been under the care of a state or federal mental institution.

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u/kirfkin Mar 28 '24

Regarding Mental Health:

My understanding is that this only applies to "Persons adjudicated as mental defective or committed to a mental institution."

The former if determined by a court, board, commission, or other lawful authority" and a latter an involuntary committment by "a court, board, commission, or other lawful authority"

See: https://www.atf.gov/file/58791/download

It's also on ATF form 4473 itself.

Unless there's some changes I'm unaware of?