Question on Physician's Certificate - Commitment to a Mental Institution

[MonkeyPunch]

[Deleted]

 

[-Z/28-]

This gets interesting because Maryland doesn't play by the NICS rules. They only report a fraction of the required information. The feds may not even be aware of your hospitalization. I'd suggest you consult a lawyer.

 

[Proud_Dad_of_3]

MonkeyPunch, please read my thread first for our story.

http://www.mdshooters.com/showthread.php?t=107968

Here is the form that my son signed when he arrived at the state hospital after a brief interview with the intake social worker.

http://www.dhmh.maryland.gov/mha/Do...ividual of Admission Status - Rev 12-1-10.pdf

He was signed in under the first option. Now if he would have refused to sign then they would have immediately moved for an involuntary commit. If that happened then they would have had to use this form.

http://www.dhmh.maryland.gov/mha/Do...any Application for Involuntary Admission.pdf

In my son's case he was allowed to leave 2.5 days later. I would check your paperwork to see what boxes were checked in your case.

I also came across this article which has a pretty interesting quote from Lawrence Fitch, director of Forensic Services at the Maryland Mental Hygiene Administration.

Upon arrival at the mental health facility, the individual has the option of being voluntarily or involuntarily committed. “Most are voluntary commitments,” says Fitch. “Federal law says that if one has ever been involuntarily committed, he no longer has the right to own a firearm. However, someone who voluntarily commits himself retains the right to own a firearm.”

http://skwillms.wordpress.com/2010/01/07/

 

[-Z/28-]

Okay I'll answer your questions the best I can. I am not a lawyer though, like I said above.

-For the commitment, I believe a judge would have had to approve the petition if it had been involuntary; so I believe from what you say, you were there voluntarily.
-Many shops are willing to do layaway for a deposit. How much will vary.
-I would not divulge any unsolicited info to a shop.
-If you are denied, you can contact MSP to find out why and possibly get it reversed. As far as your deposit goes, that depends on the shop.
-Do NOT have your wife buy it. That would absolutely be a straw purchase because you admit you may not be an eligible buyer.

 

[teratos]

You don't need anything. You weren't involuntarily committed, and you didn't stay for more than 30 days. Go buy yourself a gun.

 

[Indiana Jones]

You don't need anything. You weren't involuntarily committed, and you didn't stay for more than 30 days. Go buy yourself a gun.

A gun? Why just one?

 

[teratos]

A gun? Why just one?

Good point. Guns are like potato chips.....you can't stop at just one.

 

[Cmoney]

I'll add that I signed myself in through the ER, left after a couple days, and continued to serve in the national guard after that, and bought multiple firearms since then.

 

[-Z/28-]

Not to start the pissing match up again, but here is a 9mm next to a .45acp. You can see why capacity has generally not been a concern for skilled shooters.

Also, the 1911 is still one of the most accurate service pistols ever made. For home defense a higher capacity 9mm with good defensive ammo is a good choice, but it'll never beat a .45 for fun at the range.

 

[teratos]

I was afraid it would be a straw purchase; I'll be sure NOT to do it!

The gun store said that if I put down the full payment ($775+tax), then in the event that I was denied the purchase, I could either accept repayment minus a 10% restocking fee, or put the full amount towards store credit.

Considering what everyone's posted, I'm leaning towards purchasing the firearm on Tuesday. In the event that it is denied, I can submit a petition within 30 days, after which the MSP has to file a court date within 15 days. That should be enough time for me to get the hospitalization records and the psychiatric evaluation as evidence of my mental capacity to own a firearm. I would probably get a get a lawyer if this happened, though.

====
Thank you everyone for the information! If anyone has more to add - please share it!

I'll post to the topic to keep it updated with current information (though not if it's about to get locked).

You don't need to do anything. You are not a prohibited person. THE GOVERNMENT OF MARYLAND IS NOT AWARE OF YOUR HOSPITALIZATION.

 

[Justin B.C.]

I've always wondered if being underage and committed to a mental facility counted?

 

[mac1_131]

I too think you are fine. Keep in mind, you are purchasing a Maryland regulated firearm, so you have to fill out a Maryland form 77R. Here are the relevant questions on it, just so you know what to anticipate:

7. Have you ever spent more than 30 consecutive days in any mental institution for treatment of a mental disorder or disorders? (If a physician's certificate, issued within 30 days prior to the date of this application, certifying you are capable of possessing a regulated firearm without undue danger to yourself, or to others, is attached to this application, then answer "N/A' for Not Applicable.) YES NO N/A

8. Have you ever been adjudicated mentally defective or have you been committed to a mental institution? YES NO

So you have to be able to legally for damn sure answer both of those NO for your application to proceed. If you can't, then don't do it without legal advice first.

It SEEMS by what you are describing that you can. It was voluntary, and it didn't go over 30 days. No certificate needed.

 

[teratos]

That's the take I've been moving towards; the problem is whether or not I would be considered "involuntary" thus have my records sent to DHMH and have it turn up on the MSP background check (not NICS).

You are NOT involuntary. You signed yourself in.....

You would have only been involuntary had you refused admission. Two physicians would have examined you and said you posed a danger to yourself, and you would have been committed against your will. You would also recall a hearing before an administrative judge.

Now please, stop with this nonsense. You are not going to have a problem either under the old system or the new. THE STATE DOES NOT KNOW ABOUT YOUR HOSPITALIZATION. THERE IS NO REASON TO TELL THEM.

If you keep this up, I am going to use the power vested in me by the DHMH and have you committed to treat your OCD. You are perseverating on a non-issue.

 

[Ozzy]

Ha ha ha good one.