Quote History Quoted:
For mental health grounds the person must have been involuntary committed or declared incompetent by a judge in a 2 party hearing with representation.
In TX civil commitments for mental health are usually a collateral duty handled by the County Probate courts. So if you want to research your neighbor make sure to check the county clerk civil court records.
- self check ins for mental health care don’t count
- emergency detention for evaluation by cops/EMS/fire/ doctors don’t count..
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Be careful about this kind of 'legal advice'. Please.
Granted this is while completing a 4473. But it might be relevant.
f. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution? (See Instructions for Question
11.f.)
( 11F )
Question 11.f. Adjudicated as a Mental Defective: A determination by a court,
board, commission, or other lawful authority that a person, as a result of marked
subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is
a danger to himself or to others; or (2) lacks the mental capacity to contract or
manage his own affairs. This term shall include: (1) a finding of insanity by a court
in a criminal case; and (2) those persons found incompetent to stand trial or found not
guilty by reason of lack of mental responsibility.
Committed to a Mental Institution: A formal commitment of a person to a mental
institution by a court, board, commission, or other lawful authority. The term
includes a commitment to a mental institution involuntarily. The term includes
commitment for mental defectiveness or mental illness. It also includes commitments
for other reasons, such as for drug use. The term does not include a person in a
mental institution for observation or a voluntary admission to a mental institution.
EXCEPTION: Under the NICS Improvement Amendments Act of 2007, a person
who has been adjudicated as a mental defective or committed to a mental institution
in a State proceeding is not prohibited by the adjudication or commitment if
the person has been granted relief by the adjudicating/committing State pursuant to
a qualifying mental health relief from disabilities program. Also, a person who has
been adjudicated as a mental defective or committed to a mental institution by a
department or agency of Federal Government is not prohibited by the adjudication
or commitment if either: (a) the person's adjudication or commitment was set-aside
or expunged by the adjudicating/committing agency; (b) the person has been fully
released or discharged from all mandatory treatment, supervision, or monitoring by
the agency; (c) the person was found by the agency to no longer suffer from the
mental health condition that served as the basis of the initial adjudication/
commitment; or (d) the adjudication or commitment, respectively, is based solely
on a medical finding of disability, without an opportunity for a hearing by a court,
board, commission, or other lawful authority, and the person has not been
adjudicated as a mental defective consistent with section 922(g)(4) of title 18,
United States Code; (e) the person was granted relief from the adjudicating/
committing agency pursuant to a qualified mental health relief from disabilities
program. Persons who fall within one of the above exceptions should answer
"no" to question 11.f. This exception to an adjudication or commitment by a
Federal department or agency does not apply to any person who was adjudicated
to be not guilty by reason of insanity, or based on lack of mental responsibility, or
found incompetent to stand trial, in any criminal case or under the Uniform Code
of Military Justice
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With all that said, don't sell guns to anyone who --you know-- is on medication for a psychiatric disorder, mental illness, or depression. Remember, civil courts are different. While it may not be illegal, what do you think is going to happen in the Uvalde case?
Make that person buy a gun from an FFL and answer the questions there. It's not worth the sale. Period.