bipolar person

[Joe357]

Looking for an opinion on this.

I have a friend that is bipolar, taking meds and collecting social security. Would he be able to purchase a handgun from a dealer and be approved through NICs?

[peejman]

Probably.  Unless his doc has flagged him in the system somehow. 

[JohnC]

https://www.atf.gov/files/forms/download/atf-f-4473-1.pdf

As far as I understand question "f" is you have to be adjudicated mentally defective, that you are a danger to self or others. And/or incompetent to manage your own affairs. Will probably get said person denied.

Also if he or she has ever been committed to a mental health institution, he or she might have issues getting approved depending on circumstances.

For the incompetent part, I suppose that means having a conservator handling everything for you because mental issues or having something like Alzheimer disease.

I'm not a lawyer, though. Edited January 13, 2015 by JohnC

[Lowpower]

I fairly certain I wouldn't want a family member who has been diagnosed as bi-polar to own a gun or have access to one.

If the voices going on in they're head win one day....they might hurt themselves or someone nearby. Not a good choice for a gun owner.

[LagerHead]

I fairly certain I wouldn't want a family member who has been diagnosed as bi-polar to own a gun or have access to one.

If the voices going on in they're head win one day....they might hurt themselves or someone nearby. Not a good choice for a gun owner.

 

Being bipolar is not the same thing as schizophrenic. 

[KaNaPaPi]

I have a brother that is bipolar.  He is also on ss disability.  He lives in KY and is NOT allowed to purchase a weapon.

 

Having said that, he hasn't made an attempt to purchase any weapons.

Edited January 13, 2015 by KaNaPaPi

[suspiciousmind]

It's also one of the most misdiagnosed mental illnesses on the planet. If he functions fine then he deserves to own a gun like the rest of us.

Any one of you guys could go to a general practitioner and fill out a question and answer form and be diagnosed with something AND prescribed medication for said ailment in a short period of time. Psychiatry is still in the stone ages.

[Someotherguy]

I have a brother that is bipolar.  He is also on ss disability.  He lives in KY and is NOT allowed to purchase a weapon.

 

Having said that, he hasn't made an attempt to purchase any weapons.

 

I assume that someone of authority has told him he cannot purchase a firearm, since he has not tried to purchase one and been denied..

 

Can you elaborate as to who told him this..?

[mikegideon]

Being bipolar is not the same thing as schizophrenic. 

 

Correct. One is a lithium deficiency, and the other is caused by too much estrogen  :hiding:

[enfield]

I fairly certain I wouldn't want a family member who has been diagnosed as bi-polar to own a gun or have access to one.
If the voices going on in they're head win one day....they might hurt themselves or someone nearby. Not a good choice for a gun owner.

There's an idea - let's abridge people's rights now, to prevent them from doing something bad in the future. Where have I heard that before?

[KaNaPaPi]

I assume that someone of authority has told him he cannot purchase a firearm, since he has not tried to purchase one and been denied..

Can you elaborate as to who told him this..?

I wasn't at his disability hearing. Im not sure what the judge told him. My mother was placed as his guardian. She has to write all his checks. I cant say with certainty if the judge told him he was no longer eligible to purchase or own firearms. I could ask this weekend when i go visit.


Sent from my iPhone using Tapatalk

[Someotherguy]

I wasn't at his disability hearing. Im not sure what the judge told him. My mother was placed as his guardian. She has to write all his checks. I cant say with certainty if the judge told him he was no longer eligible to purchase or own firearms. I could ask this weekend when i go visit.


Sent from my iPhone using Tapatalk

 

 

Ok thanks, :) Yeah, having been stripped of being able to carry out his our financial affairs, that would definitely disqualify him from being able to purcahse firearm...Per letter of the law..

[2.ooohhh]

Definitely seems to be out for a TN carry permit. due to one or both of the below qualifications.

 

"Shall not have been adjudicated as mental defective; has not been committed to or hospitalized in a mental institution; has not had a court appoint a conservator for the applicant by reason of a mental defect; has not been judicially determined to be disabled by reason of a mental illness, development disability or other mental incapacity; and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in Title 33, Chapter 6, Part 5,"

 

 

Federally seems to be the same boat. Not b/c of the diagnosis, nor the meds, but due to the court appointing him a "conservator" due to his mental disability.

 

"According to federal regulations, a person has been “adjudicated as a mental defective” if a court, board, commission or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: 1) is a danger to himself, herself, or others; or 2) lacks the mental capacity to contract or manage his or her own affairs. The term “adjudicated as a mental defective” explicitly includes a finding of not guilty by reason of insanity or incompetence to stand trial."

 

 

 

All that said he may still actually pass a NICS check at point of purchase but that wouldn't make it legal for him to possess a firearm!

 

"Federal law does not require states to submit mental health information to NICS; participation is strictly voluntary. There is considerable uncertainty regarding whether a federal statute requiring states to disclose mental health records to the FBI would violate the Tenth Amendment to the U.S. Constitution. In Printz v. U.S., a 5-4 decision, the Supreme Court struck down the interim provisions of the Brady Act obligating local law enforcement officers to conduct background checks on prospective handgun purchasers.  The Court held that Congress cannot compel state officials to enact or enforce a federal regulatory program."

Edited January 13, 2015 by 2.ooohhh

[Dolomite_supafly]

If he is receiving social security disability for a mental issue he cannot purchase a firearm from a dealer. Now whether I agree with that or not is another story but that is what the law states.

 

That is why I always caution veterans against the free PTSD money unless they do have PTSD. If they are receiving compensation for PTSD it would not be a stretch at all for some bureaucrat to say they are mentally ill AND receiving compensation for that mental defect. There is a lot of movement right now to strip veterans of their right to own firearms because the government see patriots and heroes as a threat to their crooked existence. It is sad that just one generation ago veterans were praised and honored by our government but now we are labeled as homegrown terrorists if we talk about the Constitution.

[DaveTN]

I have a friend that said she had a question on a “gun issue”. Her husband has been diagnosed as being in the first stages of Alzheimer’s. He isn’t that bad yet, but his Doctor told him not to drive unless he was with someone. She didn’t say if he is on Meds or not. I’ve talked to him on several occasions and I can’t tell.

She said he announced the other day he wants to buy a handgun for home protection. He’s taking this hard and she is afraid he may be suicidal. She said “Surely they won’t sell him a gun will they?” I said “Probably”, unless he tells them; they would have no way of knowing.

I also told her she doesn’t have a “gun issue”; she has a “mental health” issue.

It would be tough to have to give up having guns around or driving a car; but that is what needs to happen. Tough decisions.

[Dolomite_supafly]

I have a friend that said she had a question on a “gun issue”. Her husband has been diagnosed as being in the first stages of Alzheimer’s. He isn’t that bad yet, but his Doctor told him not to drive unless he was with someone. She didn’t say if he is on Meds or not. I’ve talked to him on several occasions and I can’t tell.

She said he announced the other day he wants to buy a handgun for home protection. He’s taking this hard and she is afraid he may be suicidal. She said “Surely they won’t sell him a gun will they?” I said “Probably”, unless he tells them; they would have no way of knowing.

I also told her she doesn’t have a “gun issue”; she has a “mental health” issue.

It would be tough to have to give up having guns around or driving a car; but that is what needs to happen. Tough decisions.

 

 

Two years ago I was forced to give up driving. I had actually quit driving before that but two years ago during a deposition regarding my injuries my doctor put it on record that I am never to drive again. It is one of the hardest things I have had to give up. I was a car guy all my life and then having that removed from my life was devastating. And it is very demeaning getting a ride anywhere and I hate the fact my wife has to drive all the time.

[Clod Stomper]

Correct. One is a lithium deficiency, and the other is caused by too much estrogen :hiding:

It's a Y-chromosome deficiency. Causes periodic psychotic episodes.

[Joe357]

Thanks for all the responses. I didn't think he would be able, just wanted all of your input.

[LagerHead]

Two years ago I was forced to give up driving. I had actually quit driving before that but two years ago during a deposition regarding my injuries my doctor put it on record that I am never to drive again. It is one of the hardest things I have had to give up. I was a car guy all my life and then having that removed from my life was devastating. And it is very demeaning getting a ride anywhere and I hate the fact my wife has to drive all the time.

 

I know where you're coming from, but she doesn't mind. In fact, I'd bet dollars to donuts she's glad to be the one that gets to take care of you for once. 

[JohnC]

I wasn't at his disability hearing. Im not sure what the judge told him. My mother was placed as his guardian. She has to write all his checks. I cant say with certainty if the judge told him he was no longer eligible to purchase or own firearms. I could ask this weekend when i go visit.


Sent from my iPhone using Tapatalk

 

 

If someone has a conservator handling their affairs, I believe that DQ's them from being able to buy and own a gun via the 4473 wording here: "incompetent to manage your own affairs."