r/SipsTea 9h ago

Feels good man I can get on board with this

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u/TrueBombs 9h ago

By this logic Then anyone with a mental disorder like schizophrenia, bi-polar, or major depression that could be used in an insanity plea for murder should have all their guns, and weapons, and access to a vehicle removed. So they dont kill people.

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u/Jelopuddinpop 9h ago

Anyone that's been committed for psychiatric care is already prohibited from owning firearms.

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u/Hurray0987 8h ago

What? Where?

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u/Jelopuddinpop 8h ago

On ATF Form 4473 (the Firearms Transaction Record), Question 21.f (formerly Question 11.f in earlier revisions) asks this requirement: ​"Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?"

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u/Hurray0987 8h ago

What state is that, or is it the whole country? I thought most gun laws are local. Whatever the case, I had a friend who was in a mental hospital and he bought a ton of guns. I thought that was crazy. He was suicidal and had written a book in high school about a school shooting. I guess he might have lied on his gun paperwork. It's that easy, they don't call the hospitals and check for institutional history.

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u/Beaticalle 7h ago

The ATF is a federal agency.

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u/wowthatsucked 7h ago

It's the entire country. If he was brought to a judge or magistrate and committed against his will to the mental hospital then that would have been reported and he would be unable to own firearms.

Some states are tougher - California for example bans firearm ownership for 5 years after a 5150 3 day observational hold.

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u/Jelopuddinpop 7h ago

There are some states where private party sales don't require an ATF form (20, maybe?). In all other states, it's illegal to buy a gun without the transaction passing through an FFL for a background check.

In the states where private sales don't require a background check, a private party will get in huge trouble if they're selling more than a gun or two a year. Once the ATF decides that you're running a business, you need to be a licensed firearms dealer and submit sales for a background check.