A question about ownership & mental health

[Guest escapac]

A few months back, I had some severe emotional problems, and was treated for depression. My wife removed my handgun from our house, and a friend stored it at his house. The gun is now back in my possession, but my wife's son is questioning the legality of my being able to own a firearm now, since I had been mentally "unstable" for a time. I maintain there is no law or legislation that says anything about probibiting ownership of a firearm.

Can anyone help me here? If there is such legislation, I would like some information on it.

I know there are laws against ownership of a firearm by a convicted felon, but this is not the same situation!!!

Thanks.

E

[babelt]

my dad has been diagnosed post trematic stress disorder and he has his hcp and owns several guns and has bought several guns even after he was diagnosed. so i dont think you have to worry.

[oldogy]

Welcome to the forum. For the biggest part, a bunch of good folks here. Someone may move this to the legal forum to get an opinion from a legal eagle or two that hang out here.

Legal or not for you to own a gun, I commend your wife for making your gun inaccessible to you in your difficult times. Kinda like my father when he gave up his car keys. Said he no longer felt competent to drive and could no longer justify putting himself and others at risk.

Section 13 of the application for a TN handgun carry permit does address the mental problems. Do not know how that may or may not apply to your situation.

Someone will have knowledge.

IMO, the biggest thing would be, do you know when you are in control and can you control yourself.. Good luck.

oldogy

[nightrunner]

if you can honestly answer no to question 11f. on the ATF form 4473, the one you fill out when you buy a gun, you have no worries.

11.f: Have you ever been adjudicated mentally defective or have you ever been committed to a mental institution?

[TGO David]

You must have been adjudicated mentally defective or incompetent to manage your own affairs, or have been committed to a mental institution before you are prohibited from owning a handgun or possessing a HCP.

I am not a lawyer, but if neither of those have occurred, you should be good to go.

[ngoeser59]

Well......can you imagine what I have been through with my husband being murdered infront of me? You could say that I have some sort of post traumatic stress disorder for sure. I am paranoid right now for sure. I am always wondering if the guy sitting on the park bench I am getting ready to walk past is a bad guy waiting to hurt me. I would hate to think that my gun could be taken from me. Especially after all I have been through. I can tell you even though I am stressed and I am paranoid and I am not what you would call "the way I used to be"....I would NEVER hurt anyone with my gun unless I felt that my life or someone else's life was in serious serious danger. This is part of the reason why I will not go see a shrink. I don't want to be diagnosed with anything because I have to be able to protect myself. I don't ever want that stripped from me.

[Mike.357]

I believe you are good to go.

[Guest escapac]

Thank you all for your replies. When I went though my emotional problems, I voluntarily sought help, and was not committed. I was never judged incompetent. It was mainly a case of stress overload. Am fine now, and my handgun is back in my possession. I just wanted to know if my stepson is correct about an existing law that would prohibit my being able to still own a firearm.

Thanks again!

E

[dunndw]

I have a airline pilot friend who said it's all in the wording.

He was "concerned" I think was the verbase he used after a nasty breakup...not depressed. He said that one word was a quick trip to being grounded.

sad we have to worry about stupid things like that. If you need to talk to someone you should be able to without fear of reprisal.

[mousegunner]

I'm not a lawyer or any kind of expert, but I suspect that if there is a law it has to do with who may BUY a gun, not who may OWN a gun. Also, you should thank God for your wife. I suggest your let your wife decide if you are ready to have a gun in your possession, at least for the next year or two. Go with her decision, and don't give her a hard time if she tells you to leave your gun in some one else's care for another year or two.

[Guest escapac]

Oh, I am thankful for my wife, and the decision she made at the time to remove the gun from our house. But situations do change, and for the better in my case. I may decide to sell the weapon; and then again, I may keep it. But whatever the case, I just wanted to find out the facts, legally. It is important to me to defend my right to keep it if I choose.

Thanks.

E

[flyfishooltewah]

I would think that you are good to go if you are not committed

[AH1356]

Legal issues aside, the real question to ask yourself is this: Are you sure that you and your family are safer with a gun or without?

Are you A) sure that you are no longer a potential danger to yourself or others and sure that you are capable of making that determination for yourself?

The gun is a tool with which to protect yourself. If you aren't 100% sure that you and your family are safer with you owning a gun then I would err on the side of caution.

Just my free advice - and worth every penny.

[Guest escapac]

Legal issues aside, the real question to ask yourself is this: Are you sure that you and your family are safer with a gun or without?

Are you A) sure that you are no longer a potential danger to yourself or others and sure that you are capable of making that determination for yourself?

The gun is a tool with which to protect yourself. If you aren't 100% sure that you and your family are safer with you owning a gun then I would err on the side of caution.

Just my free advice - and worth every penny.

Thanks so much for your advice/comments. I feel quite confident in answering "yes" to both A & B. As for keeping the weapon for protecting my family, I am definitely thinking about that as well.

E

[bvarnell]

IMO, if you have not been ajudicated or committed, you should be perfectly legal.

The fact that you are asking/concerned is proof that you are a responsible and stable person.

If everyone who has suffered from some form of depression was prevented from owning a firearm, there wouldn't be many of us who could legally own or carry.

[Guest escapac]

IMO, if you have not been ajudicated or committed, you should be perfectly legal.

The fact that you are asking/concerned is proof that you are a responsible and stable person.

If everyone who has suffered from some form of depression was prevented from owning a firearm, there wouldn't be many of us who could legally own or carry.

Thank you for that last comment in particular. Very much appreciated.

E

[Guest Phantom6]

I think you are out of your damned mind....... (sorry, I really couldn't help that) ..... for letting this be as much concern for you as it seems to be. bvarnell is right, if everyone that had been through a bout of depression or "deep introspective concern" was prevented from having a firearm most of us would be defenseless. Next time your son or anyone else for that matter expresses a concern over whether or not you should own a gun I would submit that you should remind them and yourself that if the gun is to go for that reason then so should the car keys, the steak knives, sharp garden implements, your access to cinder blocks while in close proximity to lakes, rivers and streams, access to train tracks and highway over passes, gas ovens, most medications- perscription as well as many over the counter drugs (even asprin), etc, etc, etc.

Glad things are looking brighter for you. You are living proof that permanent solutions to relatively temporary problems, no matter how dark those problems may seem to be at the moment, are never a good idea. Welcome to the group and keep posting.

[Guest SUNTZU]

I think you are out of your damned mind....... (sorry, I really couldn't help that) ..... for letting this be as much concern for you as it seems to be. bvarnell is right, if everyone that had been through a bout of depression or "deep introspective concern" was prevented from having a firearm most of us would be defenseless. Next time your son or anyone else for that matter expresses a concern over whether or not you should own a gun I would submit that you should remind them and yourself that if the gun is to go for that reason then so should the car keys, the steak knives, sharp garden implements, your access to cinder blocks while in close proximity to lakes, rivers and streams, access to train tracks and highway over passes, gas ovens, most medications- perscription as well as many over the counter drugs (even asprin), etc, etc, etc.

Glad things are looking brighter for you. You are living proof that permanent solutions to relatively temporary problems, no matter how dark those problems may seem to be at the moment, are never a good idea. Welcome to the group and keep posting.

I can picture your face as you typed this post. How do you really feel about gun control laws, Mike?

To the OP, I'm glad you are back on track and never made it to the tracks! Go get us a range report on your firearm!

[Guest escapac]

You folks are GREAT! Thank you so much!!!

E

Btw, my weapon is a Beretta Model 92 9mm. Bought it from a gun shop in Atlanta, way back in 1998. I chose that model, as I'd qualified on it when in the Navy, on detachment to MCAS Iwakuni, back in '96.

[Guest foister82]

i would be more inclined to trust someone in your position with your experience in the Navy with a weapon than someone who has not had any issues but no real training or experience. Just my opinion.

[Guest escapac]

i would be more inclined to trust someone in your position with your experience in the Navy with a weapon than someone who has not had any issues but no real training or experience. Just my opinion.

Thank you for that opinion. I, by no means, earned an expert rating in the use of the 9mm. Rather, I just passed the basic qual on one. But I was/am impressed with this weapon.

I did retire as a CPO from the USN, after 20 yrs (wish I'd stayed in longer). I would make the same career decision again, if given the opportunity.

E

[Guest 3pugguy]

Thank you for that opinion. I, by no means, earned an expert rating in the use of the 9mm. Rather, I just passed the basic qual on one. But I was/am impressed with this weapon.

I did retire as a CPO from the USN, after 20 yrs (wish I'd stayed in longer). I would make the same career decision again, if given the opportunity.

E

Retired in 2000. I sure agree on the career choice and hope all continues to go well for you and yours.

Barry

ACCS (retired) 1976-2000