# Firearms and people with mental illness



## jared555 (Jun 28, 2009)

I have been interested in shooting since I was a kid but my parents always either didn't keep their FOID card up or couldn't afford ammo, etc.

When I was 17 I voluntarily hospitalized myself (even though records would state that my parents hospitalized me, most likely, because I was a minor) because I was concerned I was going to cross the line from depression to suicidal.  This was for a 2 week period in February 2007.

My understanding of the law in IL is that I can't receive a FOID card until February 2012.  My concern is that I am still receiving mental health treatment and am wondering if that would result in my request being denied. 

Also, even if I could get an exception on the 5 year rule I can't get a FOID card until next year because my parent's are ineligible for a FOID card. (Why do you have to have parental permission until you are 21 years of age??)

Does anyone know about how the mental illness problems in Illinois and also in other states will affect me?


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## lklawson (Jun 29, 2009)

In most States, Juvenile Records are sealed.

Voluntary Commitment is also not usually a deal breaker, it's the *In*voluntary Commitment that is ruled out usually.

As always, check your local laws instead of folks on the Internet.  

Peace favor your sword,
Kirk


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## harlan (Jun 29, 2009)

I thought 'juvenile records' were criminal offenses. Since when does being mentally ill, or getting treatment, produce a criminal record? Being 'mentally ill' isn't a crime.


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## shesulsa (Jun 29, 2009)

harlan said:


> I thought 'juvenile records' were criminal offenses. Since when does being mentally ill, or getting treatment, produce a criminal record? Being 'mentally ill' isn't a crime.



I'm not sure how these records are distinguished upon background checks, but part of the gun control laws purposes is to protect the general population by keeping mental health patients with penchants towards violence from obtaining firearms legally.

The only way to really know in your particular case is to get a consult with an attorney in your area.


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## jared555 (Jun 29, 2009)

harlan said:


> I thought 'juvenile records' were criminal offenses. Since when does being mentally ill, or getting treatment, produce a criminal record? Being 'mentally ill' isn't a crime.



It doesn't produce a criminal record unless you were doing something that was against the law.  The problem is it is another qualifier on the FOID card (as well as, unfortunately, BATF explosives licenses).

From what I have heard they can check records in the DHS (department of human services) database.  One of my concerns is I receive current treatment, but it is 100% outpatient and relatively minor.  

http://www.isp.state.il.us/docs/Smart FOID Application.pdf < The application


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## lklawson (Jun 30, 2009)

jared555 said:


> It doesn't produce a criminal record unless you were doing something that was against the law.  The problem is it is another qualifier on the FOID card (as well as, unfortunately, BATF explosives licenses).


Some states seal these records under Privacy Laws, particularly for minors.  Just depends on your state.



> From what I have heard they can check records in the DHS (department of human services) database.  One of my concerns is I receive current treatment, but it is 100% outpatient and relatively minor.
> 
> http://www.isp.state.il.us/docs/Smart FOID Application.pdf < The application


The worst they can say is "no."  Because of the relationship with the last question a "yes" on treatment for mental health may simply require explanation and written documentation from your health care provider.

Peace favor your sword,
Kirk


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## BLACK LION (Jun 30, 2009)

The most profound question that will be asked on your DROS or whatever forms they have you fill out in your state is... "Have you been adjudicated mentally defective"... if have not the answer is no...   "Are you a danger to yourself or a danger to others" ????  Any felonies?? Any open and active restraining orders???  Addicted to drugs or other controlled substances???  Involved in domestic violence or abuse??   Ever dishonorably discharged??? If not then dont nuke it or you will watch the years pass by without being a gun owner...    If you have a history of mental illness in which you have been and are currently getting treatment for and you answer yes it could hold up your paperwork but not necessarily constitiute them denying you alltogether...     its best to not think so hard about it and just get it going... once you do it, youll find that most of your worries are moot.


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## jared555 (Jun 30, 2009)

Thanks for all the responses, I know at one point juvenile records were considered, but that was years ago.  I will probably just do the smart thing and call and ask when the time comes, but I was also interested in knowing about other states as well.

Unfortunately explosives licenses ask, have you EVER been in a mental institution, no time frame.

Things like this always concern me if I want to get into a science based career where you may have access to restricted chemicals or working with weapons/other dangerous devices (science labs, ballistics, demolition/mining engineering, etc.).  Also probably would be a pain if a job I want would ever require a background check.


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## BLACK LION (Jun 30, 2009)

With mental illness and firearms they want history... if you had a incident that is past and no longer exists then I wouldnt worry much, like the above said the worst they can do is say no.    I worried about a restraining order I had put on me for no reason in the past but they didnt care about the fact that I had one only wether or not it was current and active...    

If you had and incident( and a voluntary one to boot) in the past that is not current and relevant then I would answer no.  Just becuase you were a depressed adolescent(most are) that contemplated suicide does not mean you are mentally ill...   if a phsycologist or psychiatrist stamped and certified you as looney tunes then you may have something to worry about.


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## Cryozombie (Jun 30, 2009)

Illinois has a solid 5 year wait for your card, period.  Volluntary or not... I had a friend that checked himself in for evaluation after his divorce, he did one session, they told him he was OK, and should just see an outpatient councilor, there was nothing wrong with him and they pulled his FOID for 5 years.  My roommate's parents did the same to him yours did, it kept him out of the Marines and from getting his Foid till he was 20.

Here is what you do.  You only need a FOID to purchase Guns, Own Guns and Purcahse/Own ammo.  Its not required to use one.  So find a friend with a FOID, go with him, use his gun, have him purchase ammo. 

Learn to shoot with him, Enjoy what you are doing, and re-apply for your FOID every year.  Worst case scenario you waste about 15 bucks a year applying, (Which I think you will,) but when your 5 years is up, you will get your card.


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## BLACK LION (Jun 30, 2009)

Well that settles that... 

Here in california its different as there is no "card" only a DROS process that you complete every firearm purchase or transfer unless it is up or down the family tree like father/mother to son/daughter or grandfather to granddaughter...    You can also purchase curio and relic firearms here "over the counter" without going through a DROS unless its coming from and ffl dealer like the local gun shop...   You have to be over 21 to purchase a pistol or ammo and you have to pass a test and get a hand gun safety card in order to accquire a pistol...   long guns are 18 and up and there is no safety test or card...only a DROS...  private party transfers follow the same procedure....      

The DROS is the same every time...same docs same questions... although you can register more than 1 rifle on the same dros and you can purchase and unlimited amount of long guns....   you can only DROS 1 pistol every 30 days


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