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Discussion » Questions » Legal » Mentally ill people can now buy guns thanks to Congress. If they kill others does the lawyer use an INSANITY defense? How not?
RosieG

Mentally ill people can now buy guns thanks to Congress. If they kill others does the lawyer use an INSANITY defense? How not?

Posted - February 16, 2017
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Responses


  • 10998
    Mental illness does not equate to gun violence or other criminal acts, nor does it guarantee an insanity defense. Not guilty by reason of insanity requires that you lack the ability to know right from wrong. Mental illness takes many forms just as does any illness. When people do not educate themselves about mental illness it perpetuates the stigmas that surround it and may prevent some people from seeking help. About one in five Americans has some form of mental illness. Perhaps you are one of them or are close to someone who is.
      February 16, 2017 7:34 AM MST
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  • 3375
    I was about to say much the same.  I do think though that the suicide rate will go up.  That is a very real component with certain mental illnesses.
      February 16, 2017 2:46 PM MST
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  • 113301
    Thank you for your reply JS and Happy Friday. Perhaps I am insane. Look at all the questions I ask! That alone makes me suspect doesn't it?  :( SIGH
      February 17, 2017 5:01 AM MST
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  • 10998
    Rosie, let me reiterate:  Having a mental illness does not mean a person is insane.

    Insanity refers to severe conditions involving psychotic-like breaks with reality, while mental illness can include both severe and milder forms of mental problems (such as anxiety disorders and depression).

    I inferred from your question that you believe everyone with a diagnosed mental disorder is psychotic and should not have the same rights as the rest of the population. You may well have issues that contribute to your question-asking, (I would not presume to label anyone), but most likely it would not be a reason to deny you a gun permit. This post was edited by Jane S at February 17, 2017 6:13 AM MST
      February 17, 2017 6:08 AM MST
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  • 5835
    In a politician's mind, anybody who opposes his policies is mentally ill.
      February 16, 2017 8:03 AM MST
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  • Rosie ... those people in the past who bought guns then shot people... weren't they mentally ill... or is it just a part of American culture?
      February 16, 2017 8:21 AM MST
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  • 1523
    I think that is ridiculous!!  Congress doesn't seem to care if us citizens are safe.
      February 16, 2017 2:40 PM MST
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  • 3375
    Absolutely ridiculous.  At the very least, I would think you will see more successful suicides because of this.  

      February 16, 2017 2:44 PM MST
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  • 3191
    The law wasn't to take effect until December, so I don't know how you can assume there will be more suicides, Peas.  As I understand it, it would cover all who had someone appointed to handle their money.  I was appointed guardian for a brother who suffered a closed-head injury and we both soon received notification that he could not purchase/own guns.  Yet many who have others appointed to handle their finances (what the law covered) are not violent, nor do they deserve the loss of their rights without due process.  My brother, who at the time I was appointed guardian was waaaaay out there, never lost the right to handle his own financial affairs.

    https://www.google.com/amp/www.chicagotribune.com/news/opinion/commentary/ct-mentally-ill-gun-buying-ban-20170213-story,amp.html?client=ms-android-metropcs-us
      February 16, 2017 3:43 PM MST
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  • 3375
    Just a topic I have had personal experience with.  
      February 16, 2017 4:14 PM MST
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  • 3191
    I am truly sorry, Peas.  
      February 16, 2017 4:25 PM MST
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  • 3375
    It's quite OK.  When one is committed to killing themselves, I understand they will find a way.  I happen to think guns in the wrong hands are too "easy".  But I do understand the right to bare arms and it's one of those subjects that there has to be a middle ground.
      February 16, 2017 4:36 PM MST
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  • 6023

    Wow ... This is such a blatant LIE.

    BATFE Form 5300.9 MUST be completed to legally buy a firearm.
    It specifically asks if the applicant has been adjudicated mentally defective, or been committed to a mental hospital.
    If so - the applicant is denied the ability to legally purchase a firearm.

    Furthermore, most states require a background check in order to purchase a handgun.  Some to purchase a rifle.
    One of the things the states check, is if the person has a criminal record - or been committed to a mental hospital or is "mentally defective".

      February 16, 2017 2:54 PM MST
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  • Just because someone is mentally I'll doesn't mean they will harm someone. I have a mental illness and I own several guns. I've never hurt anyone. I take my medications daily and have found a great therapist. Why shouldn't I be allowed to own guns? Also, people like me are no more dangerous than short fused people who haven't been diagnosed with a mental illness.
      February 17, 2017 6:13 AM MST
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