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Buying a gun after mental health appeal


N9NExASIAN
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My foid was denied due to mental health back in 2011 (I was 17)

I submitted the appeal to ISP April 2020.

Received my foid card the other day.

Now I'm having issues trying to buy a gun.

When filling out the 4473 I think I have to answer yes to the mental health section (which results in me being denied).

Has anyone else been in this situation?

If I answer no, will the background check show otherwise?

Is private gun sales my only option?

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Committed by a court or judge? Admitted and committed are two very diffetent things.

The question says "committed" but since I was underage at the time, it wasn't voluntary

 

did you sign anything or authorize anyone to sign for you? I think that’s the difference with respect to a judge ordering it. If there’s no signed judicial order, I’m guessing it was a voluntary “check-in” and not a judicial “commitment”. Don’t think age comes into play.

 

im guessing this stuff is checked at the state level vs the federal level, since you have your FOID I suspect you’re good and won’t have a problem on the federal form unless you adversely self-disclose when not required per the note above by Quiet Observer.

Edited by carry
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My foid was denied due to mental health back in 2011 (I was 17)

I submitted the appeal to ISP April 2020.

Received my foid card the other day.

Now I'm having issues trying to buy a gun.

When filling out the 4473 I think I have to answer yes to the mental health section (which results in me being denied).

Has anyone else been in this situation?

If I answer no, will the background check show otherwise?

Is private gun sales my only option?

 

As Quiet Observer says, read the entire form at his link. If you fit the exemptions, you are able to answer "NO" to 21F.

 

It sounds like you would not have received your FOID if you did not win your appeal.

I'm also guessing if you incorrectly answer "YES", your purchase will be denied and you will lose your new FOID.

 

Good luck!

 

 

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ATF has a document which explains exactly what the 4473 language means. Here's a link to download the document directly from the ATF web site:

 

https://www.atf.gov/file/58791/download

 

The critical language appears to be as follows:

 

 

A person is "committed to a mental institution" if that person has been formally committed to a mental institution by a court, board, commission, or other lawful authority.

The term includes a commitment:

  • To a mental institution involuntarily;
  • For mental defectiveness or mental illness; or
  • For other reasons, such as for drug use.

The term does not include a person in a mental institution for observation or by voluntary admission.

 

The term "lawful authority" means an entity having legal authority to make adjudications or commitments.

 

The term "mental institution" includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

 

You'll need to check with an attorney for a legitimate legal opinion as to how this language applies to you.

Edited by Hap
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The problem is that the exceptions on the document talk about being committed by a federal agency. I don't believe any of those apply to me. If I assume I'm okay since I have the foid card, I'm worried I'll get on trouble if I check "no" and get a bad background check

Illinois Dept of State Police is the contact point for NICS in Illinois. It will be ISP, who issued your FOID, who will be doing the background check. Someone will correct me shortly if I am wrong.

 

Read the entire form, especially the exemptions. If you are covered by the exemptions, you are supposed to answer NO, as it says in the instructions. If you arent covered...

Edited by soundguy
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Committed by a court or judge? Admitted and committed are two very diffetent things.

The question says "committed" but since I was underage at the time, it wasn't voluntary

Juvenile admissions are not necessarily involuntary, unless the admission was Court ordered. Chances are your parent guardian would’ve signed off on it, on your behalf, which should still be considered voluntary for Federal purposes. If you’ve received your FOId card, you wouldn’t have received it if you were in the system as involuntary.

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  • 2 weeks later...

My foid was denied due to mental health back in 2011 (I was 17)

I submitted the appeal to ISP April 2020.

Received my foid card the other day.

Now I'm having issues trying to buy a gun.

When filling out the 4473 I think I have to answer yes to the mental health section (which results in me being denied).

Has anyone else been in this situation?

If I answer no, will the background check show otherwise?

Is private gun sales my only option?

The answer is NO. A person cannot get a FOID if they were involuntarily committed. You would not have received your FOID card if you did not fall under the exemptions! I went through the same thing.

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