Purchasing a firearm with a potential 5150?

940 Views 10 Replies 10 Participants Last post by Square target, Sep 22, 2019

Jay1215

Discussion Starter · Sep 22, 2019

Hi everyone,

I’m new here, have browsed here before for general reading and am interested in purchasing a firearm for the first time for self defense.

I hope I’m posting this in the right place, if not, please let me know.

Story:
Approximately two years ago, I was going through an ugly break up, got drunk, said some stupid things that landed me in a behavioral hospital for “suicide ideation”.
The police were involved, I wasn’t arrested, but they said had to bring me to the ER to be mentally evaluated. I went along with everything willingly, and despite the fact that I told the doctors that I was being completely stupid and didn’t mean it, they told me protocol was that I had to be placed under a 72 hour hold for suicide ideation. I went straight from the hospital to the behavioral hospital.

I was actually there for longer than 72 hours simply due to the fact that I went in before the weekend and they couldn’t discharge me during the weekend, but was released after being certified that I was mentally stable.

No judge or court was ever involved. This all takes place in Louisiana, I am very happy with my life, and do not have any thoughts of harming myself or others.
However, will this prevent from passing a background check to purchase a firearm for home self defense?

I’ve done hours of research trying to find a cut and dry answer, but there doesn’t seem to be one. I know the law is “involuntary hold”, but even though I didn’t fight it, the doctor made it seem like I didn’t have a choice in the matter. So, I’m not really sure.

Any feedback would be greatly appreciated!

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edspdog

· #2 · Sep 22, 2019

Not an expert but I would go to a gun store and pick out a firearm that you would purchase. Fill out the form that the gun store owner or employee gives you, form is 4473, answer all question correctly and honestly. Most likely you can find the form on the internet to review. The store owner will contact NICS which is a federal data base that will review your info. If NICS has no reason to deny your purchase they will advise the gun shop to proceed with the purchase. Any red flags that they have in their data base show up they will not approve the purchase. Check the Louisiana handgun purchase process, they are pretty simple. Three things could happen, NICS can approve the sale, they can put a hold on the sale until they do some more research, or completely deny the purchase.
I know a lady that was in the same situation that you are.Her bout with depression was over 40 years ago and had no problem purchasing firearms, she has a concealed carry and to get that she had to be cleared through mental health before the sheriffs office would issue it.
Good luck and be safe.

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Popeye

· #3 · Sep 22, 2019

Did a judge send you to the 'funny farm'? If not, you should be good to go.

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Mad Scientist

· #4 · Sep 22, 2019

Just because you can purchase a firearm, doesn't mean you should. You need to look at the circumstances that pushed you to the edge two years ago (eg: the ugly breakup) and consider if that or a similar situation occurred again, would you be in the same state of mind?

If you can honestly say it will never happened again, enjoy you new firearm. However if you have the slightest doubt about it never happening again, get a dog.

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QuickdrawMcgraw

· #5 · Sep 22, 2019

5150? whatever. Police were involved then its know to the state n feds. Get the police report n see what it says. Then look to your state laws if not find a lawyer and talk to him for s little.

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Speed

· #6 · Sep 22, 2019 (Edited)

First, I'm going to strongly agree with what's been previously said...Just because you can own a firearm doesn't mean you should.

What state do you live in? Your purchase will be easier in some states than others. In NJ we have to apply for handgun purchasing permits. This includes submitting 2 forms. The permit application itself and a mental health records release. giving the PD permission to look into your medical records and see if you've been adjudicated mentally unfit.
There are other states that also require purchasing permits for handguns.

Here is the form you will need to fill out at the store.... Form 4473

Pay close attention to question 11.F.
There are instructions as you scroll down the form on the criteria for answering yes/no to the questions on the form. Theres a few paragraphs for 11.F.
Keeping in mind it is against the law to dishonesty answers questions on a 4473.

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edspdog

· #7 · Sep 22, 2019 (Edited)

She stated this took place in Louisinia, assuming that is where she lives that is one of the most lenient states in regard to the second amendment. No concealed carry permits required and no permit to purchase permits.
Take a close look at the meaning of adjudicated.
Careful, I hope no one lives under a bridge here.

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Russ D

· #8 · Sep 22, 2019 (Edited)

"5150" , IIRC, that is law enforcement radio code for "involuntary commitment for mental instability, may be a hazard to themselves or others".

Was this term ever broadcast out over the radio ? If so, more than likely, there is a record. I'm not saying you can get a gun. I'm saying people's actions have consequences and repercussions upon their future. Stealing that car for a joyride, now, may seem like a funny prank, but I know a guy, who 50 years later, still can't get a carry permit, because he
hopped in the back-seat of a stolen joyride they went 2 miles up the road with. 3000 yards in the back-seat, and it's stuck to this guy, like a wet fart at a wedding, for 50 years.

Everybody, especially the young, needs to think of duty now, for the future.

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deputy

· #9 · Sep 22, 2019

sounds like a fishing expedition..............for whatever purpose......i am thinking troll..

none of us are lawyers. why would you entrust your legal freedoms to a bunch of unknown folks on the internet?

either get a lawyer, or contact ATF with detailed specific questions....preferred with a letter so you have supported documentation on the answer........., or wade thru this rather wordy document and do not 2nd guess the language, check all laws that are referenced to, and take a whole week to do it...... There is a definition of adjudicated that goes beyond a court and includes by a commission, board, or other authority and also throws in involuntary commital..., there is amendments here, changes there.......its complicated.....its wordy......and obviously written by a bureaucrat........

https://www.atf.gov/resource-center/docs/agorder0001pdf/download

your responsibility is to go well beyond internet chat boards and armchair discussions.........

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Levant

· #10 · Sep 22, 2019

Shows just how stupid background checks are. One stupid statement ruins you for life, whether you meant it or not. And if a person truly wanted to kill themselves then a gun is just a convenience but is in no way a requirement. Stupid laws, stupid outcomes.

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Square target

· #11 · Sep 22, 2019

deputy said:
sounds like a fishing expedition..............for whatever purpose......i am thinking troll..

.

Heck yeah but don't buy a gun, buy a bunch! Use the gunshow loophole or just point and click online and have military grade assault weapon machine guns shipped right to your door.

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