Now that HR 2640 has passed both houses, and we await Bush to sign or not to sign the bill, is it good or bad for gun owners? My status of owning a gun is up in the air due to a mental health illness. I passed a preliminary firearms eligibility check and have no criminal record. The ATF will not give me a yes or no. I may end up hiring an attorney. I read both viewpoints of the gun groups. Has anyone been put in this situation and resolved it where they got their rights back?
2007-12-23 16:52:30 · 2 answers · asked by nomorestigma 1 in Politics & Government ➔ Law & Ethics
2640 "should" allow you to buy a gun if your mental health issue was *not* such that you are classified as an "adjudicated mental defective".
Under the old rules, the ATF was listing people in NICS who, for example, were the subject of a VA or SSA psychiatrists ruling that they they were mentally incompetent to handle their own finances.
Under 2640, though, such people will not be disqualified unless a court, or 'quasi-judicial body' has held an actual hearing and ruled you to be disqualified from owning a gun.
Richard
Richard
2007-12-23 17:01:33 · answer #1 · answered by rickinnocal 7 · 1⤊ 0⤋
Once an individual is diagnosed with a mental illness such as depression, PTS, etc., I highly doubt the individual will be eligible for buying a gun ever again. It would be super difficult to prove you meet their new law's standard.
Example: Oh, he isn't taking his medication anymore!
Another Example: Oh, he is taking medication!
Either way, screwed. Also, lots of medications have mental side-effects.
Another question is would they confiscate guns from an individual that comes down with a mental illness?
2007-12-23 17:05:57 · answer #2 · answered by Arcanum Noctis 5 · 0⤊ 0⤋