DenaliPark
member
You clearly don't understand what you are talking about...
Who is permitted to submit data to NICS?
- Thread starter rajb123
- Start date
- Status
Depends on the state involved. In Illinois any psych admit will cause an automatic revocation of the FOID (Firearms Owner IDentification) for 5 years. No FOID means you cannot purchase or posses firearms or ammo. Does not matter whether it is a voluntary or involuntary admit.
NukemJim
PS and yes ISP does enforce this law and will go to the persons house if needed to get the firearms. NJ
JohnBT
Member
"You clearly don't understand what you are talking about... "
What part of this was wrong?
"You can't just pick somebody up and lock them away for a 3-day evaluation because somebody feels like doing it."
Believe what you like, it doesn't change the facts. Getting someone picked up and evaluated requires somebody going on the record - testimony - that the person's actions exceed what the law permits.
I admit I'm basing my statements on the records that get forwarded to me before I meet the individual, but they always detail what the person did and chapter and verse of the law that applies. This has been the case for the 36 years I've been in this business. As I said, I'm not talking about arrests for felonies and misdemeanors (although many of the cases do include these.) I have an appointment with another client today. I'd post what his paperwork says, but HIPAA prevents me - I don't want to get fired or fined, etc. Are you going to tell me I don't understand HIPAA either?
What part of this was wrong?
"You can't just pick somebody up and lock them away for a 3-day evaluation because somebody feels like doing it."
Believe what you like, it doesn't change the facts. Getting someone picked up and evaluated requires somebody going on the record - testimony - that the person's actions exceed what the law permits.
I admit I'm basing my statements on the records that get forwarded to me before I meet the individual, but they always detail what the person did and chapter and verse of the law that applies. This has been the case for the 36 years I've been in this business. As I said, I'm not talking about arrests for felonies and misdemeanors (although many of the cases do include these.) I have an appointment with another client today. I'd post what his paperwork says, but HIPAA prevents me - I don't want to get fired or fined, etc. Are you going to tell me I don't understand HIPAA either?
Last edited:
DenaliPark
member
One more time, you don't have to be arrested, or in violation of any law! You simply must be found in the judgement of a competent professional(moi)to represent an imminent threat to yourself, or someone else, or the public.
These holds are almost always served in an effort to get a non-compliant subject, compliant, with inpatient therapy, and a medication regimen, sometimes, but not always, they lead to the civil committment process(probate). All LEO's need do, is transport said individual to the ER of any public or private admitting facility for an instant evaluation, then the doctor, psychiatric nurse
)), or psychiatric social worker can serve them a hold(72 hrs not counting weekends or holidays)....
KBintheSLC
Member
No... doc's should not have the right to report to NICS. No individual should have the power to restrict civil rights without providing due process. Nothing short of being adjudicated as mentally defective in a court of law should disqualify someone. Anything else would violate a persons right to due process.
you are partially correct. You do not have to be "arrested" or in violation of a criminal offense to be taken in for mental health issues.
You do however, need to meet the requirements as set forth in your particular state's laws. In most states these laws give medical professionals, (Doctors, EMS, etc, and police) the ability to take a person for evaluation against their will in specific circumstances.
You do however, need to meet the requirements as set forth in your particular state's laws. In most states these laws give medical professionals, (Doctors, EMS, etc, and police) the ability to take a person for evaluation against their will in specific circumstances.
DenaliPark
member
I am 100% correct! You, and the other fella are attempting to split a hair...The argument he was trying to advance, centered upon the completely mistaken notion that you must first be arrested before a 72 hour hold can be served! A completely erroneous assumption....I have personally served hundreds of them in my career, and I can tell you that the most common response I receive is "I'm gonna sue your ass!"
I've never been sued....
Black Butte
Member
- Joined
- Jun 21, 2008
- Messages
- 888
I once inquired as to whether I could anonymously check to make sure a firearm wasn't reported stolen before I acquired it in a face-to-face transaction. I was immediately told to get stuffed. It is laughable that the federal government would purport an interest in public safety while not even allowing responsible members of society the opportunity to protect themselves against unwillingly coming into possession of a stolen gun.
How did the press get the gun purchase information (Gun store where purchased, date of purchase, buyer identity, buyer's age, buyer's address, Gun type, etc.) on the Arizona shooter if NICS information is not supposed to be retained by the feds?
I thought the law that created NICS was supposed to ensure that the government did not retain information to allow it to compile a gun ownership record.
I thought the law that created NICS was supposed to ensure that the government did not retain information to allow it to compile a gun ownership record.
dogtown tom
Member
NICS is for background checks. They have nothing to do with tracing the firearm used in a crime.
Once a firearm is recovered at a crime scene, LE can submit the serial number to the manufacturer, who will tell them what distributor the gun was shipped, who in turn will report the gun dealer who they shipped to. The first transfer to a nonlicensee will show the transaction on a Form 4473 with name, address, etc.
That is how they know when and where the firearm was purchased.
BlisteringSilence
Member
Broad, sweeping statement much?
I'll have you know that most of the guys that I shot with growing up were Docs and their families. First Uzi I ever shot? Belonged to a Doc. First FAL? Belonged to a Doc. First AR? Belonged to a Doc. And so on and so forth.
My dad is a Doc, and he's the man who taught me how to shoot, how to hunt, and how to be safe.
Broad, sweeping generalizations have no place in worthwhile debate. Don't allow the actions of specific few that cast the beliefs and actions of others into an unfavorable light.
If you do, all gun owners are murdering maniacs just prowling the streets, waiting for the next person they disagree with.
KBintheSLC
Member
He said "most" docs... not "all" docs. And it is probably true. Look at how many medical organizations are anti-gun. Just because you dad was a pro-gun doc does not make the "broad, sweeping statement" any less true.
http://www.nraila.org/issues/factsheets/read.aspx?id=15
...
- Status
Similar threads
- Locked
