buying a gun in Texas (USA)

[Jon Arbuckle]

Basically I've been considering purchasing a gun for a method since it seems to be the most effective, least complicated/finicky method, but I'm concerned about whether or not I'll be allowed to purchase a gun. I'm 21 years old but when I was around 15 I once stayed at a psychiatric hospital, so I don't know if that would come up and they wouldn't sell it to me because of that. does anyone know everything I need to do to purchase a gun in texas?

 

[locked*n*loaded]

I assume it was involuntary confinement? If so, you are, most likely, barred from purchasing firearms or ammo. It's a federal law, not a Texas law. Federal law trumps state law. I don't think it makes any difference that you were a juvenile when committed. I think there's a way to petition to get the prohibition removed, but it takes a couple doctors agreeing that you aren't a danger to yourself, or others, and there's still court proceedings to go through. You'd need to get an attorney.

If you try to purchase a firearm, and you lie about having been in a psychiatric facility, the law could come down pretty heavy on you.

 

[CatLvr]

If you purchase a gun from a store, or website, you will have to fill out a Form 4473. They will ask you some questions about mental health issues, but as you were a minor, I'm not sure if they can get those records without a court order. Maybe join a local gun forum and read -- however, DO NOT ask any questions regarding mental health issues. As a new member, any questions of that nature will be seen as a red flag and get you booted from the site.

I am not intimately familiar with any loopholes with regard to gun shows, or private transactions, in Texas, so cannot advise you there either.

There is a plethora of info on legal forums discussing these issues also. Thing is most of the law in this area is state-driven, so you will need to make your searches specific to Texas.

I assume it was involuntary confinement? If so, you are, most likely, barred from purchasing firearms or ammo. It's a federal law, not a Texas law. Federal law trumps state law. I don't think it makes any difference that you were a juvenile when committed. I think there's a way to petition to get the prohibition removed, but it takes a couple doctors agreeing that you aren't a danger to yourself, or others, and there's still court proceedings to go through. You'd need to get an attorney.

If you try to purchase a firearm, and you lie about having been in a psychiatric facility, the law could come down pretty heavy on you.

This is contradictory to what I posted but I will be the first to admit this area of gun law is not my forte. I will say that there are plenty of cases out there where States have challenged the feds and won. It depends on whether it was a law passed by Congress and signed off on by the Prez (in which case you would be correct IF it has gone through the appeals process and been refused to be heard, or heard and upheld by USSC) or it was a "promulgation" by the fucking ATF (in which a state can and has sued and won against the "administrative rule").

And I realize the government can find out anything they want to about you but minors fall under different safeguards than the rest of us commoners.

 

[pthnrdnojvsc]

i've been to gunshows where a guy was going to sell me a shotgun cash no id no paperwork. it was this year .don't know if this is stil the case. not everyone at a gun show will do this . most vendors at a gunshow require a background check and id. you have to ask the vendors who is selling guns for cash. the vendors were all friendly and helpful to me . i assume it's still the case. don't know if in Texas . it was another state but i won't say which state i was in.

 

[CatLvr]

I thought of something else -- a lot of gun show attendees will cruise the parking lot, inside of the show, and other common areas with a firearm from their private collection that they would like to sell.

Again, I am unfamiliar with Texas so do your own due diligence, but I know in the state where I reside, as long as you had the cash and an ID that proved you were a resident of this state (state law here), I was willing to do business with you.

 

[locked*n*loaded]

This is contradictory to what I posted but I will be the first to admit this area of gun law is not my forte. I will say that there are plenty of cases out there where States have challenged the feds and won. It depends on whether it was a law passed by Congress and signed off on by the Prez (in which case you would be correct IF it has gone through the appeals process and been refused to be heard, or heard and upheld by USSC) or it was a "promulgation" by the fucking ATF (in which a state can and has sued and won against the "administrative rule").

And I realize the government can find out anything they want to about you but minors fall under different safeguards than the rest of us commoners.

Under federal law, a person can be tallied in a database and barred from purchasing or possessing a firearm due to a mental illness under two conditions: if he is involuntarily committed to a mental hospital, or if a court or government body declares him mentally incompetent.

In many states, including Florida, law enforcement can take an individual to a mental hospital against his or her will for an initial evaluation. If after 72 hours the doctors observing the individual want to continue that treatment, then they can petition a court for permission, even against the patient's wishes.

That – a court order allowing a person's continued involuntary institutionalization – is one thing that should stop an individual from purchasing a firearm.

If the person was taken in for mental treatment involuntarily but was not requested to be held past 72 hours, he is not blocked from buying a gun.

In Florida, if the court chose to commit even an underage individual, he would fail a background check on that basis.

I'd imagine it would work pretty much the same way in Texas, but don't know for sure.

Source:

https://www.cnn.com/2018/02/15/politics/mental-health-gun-possession-explainer/index.html

I just found this regarding Texas law pertaining to guns and mental illness:

Involuntary Commitment

Individuals who have been involuntarily committed to a mental health institution are prohibited from owning firearms for a period of five years from the date of release.

Mental Health Adjudication

Individuals who have been declared mentally incompetent or have been involuntarily committed to a mental health institution are prohibited from owning firearms.

Source:

Gun Ownership and Mental Health

Discover mental health considerations for Texas gun owners, restrictions on gun ownership, and how to get help for mental health issues in this article.

carry-texas.com

I would still bet it works the same way in Texas, as it does in Florida, regarding juveniles who have been committed.