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forkful_of_soup
Pileated woodpecker
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12 Nov 2012, 11:18 am

OwnAbyss wrote:
I'm not really sure if this is the right place to post this, but here I go. I'm really into weapons, and I would like to own firearms in the near future. I am of legal age to own them in my state, but I know that you are disqualified from gun ownership if you are labelled "mentally defective". This worries me, as I know people can be far from understanding when it comes to Asperger's. What I want to know is, will I barred from owning guns because of Asperger's? I tried Google, but didn't really get anything solid.


Usually "mentally defective" means your condition is so debilitating that you can't take care of yourself.


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RyanGPenner
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12 Nov 2012, 11:20 am

OwnAbyss wrote:
I'm not really sure if this is the right place to post this, but here I go. I'm really into weapons, and I would like to own firearms in the near future. I am of legal age to own them in my state, but I know that you are disqualified from gun ownership if you are labelled "mentally defective". This worries me, as I know people can be far from understanding when it comes to Asperger's. What I want to know is, will I barred from owning guns because of Asperger's? I tried Google, but didn't really get anything solid.


I've known a few gun owners who would definitely qualify as mentally defective, I think you should be okay :D . Those laws tend to exist so people who, by virtue of an impulse control disorder, mental retardation preventing them from appreciating the consequences of their actions, suicidal tendencies, anger management issues, substance abuse, etc. would pose an undue danger to themselves or others were they to come into possession of a firearm, I doubt that typical Asperger's sufferers, what with the compulsion to follow rules and the generally non-aggressive personality, would be considered high risk gun owners. That being said, society at large tends to perceive those who are markedly different as being vaguely sinister and potentially dangerous. It's not fair, but it's true.



kx250rider
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12 Nov 2012, 11:25 am

In Texas, you can't get a concealed carry permit, and in fact cannot even have a drivers license if you have received treatment for any mental condition, but I don't think there's anything about gun ownership. I think they've eased up a bit on the drivers license part, because everybody is on Prozac, including Obama. In California, there is only a criminal background check through the FBI and CA state records; no medical or mental records check. Go to a gun store, and be straight with them, and see what they say. But of course we Aspies tend to come across to the NT world as suspicious, so maybe if that worries you, have someone else go ask.

Charles



thewhitrbbit
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12 Nov 2012, 12:55 pm

kx250rider wrote:
In Texas, you can't get a concealed carry permit, and in fact cannot even have a drivers license if you have received treatment for any mental condition, but I don't think there's anything about gun ownership. I think they've eased up a bit on the drivers license part, because everybody is on Prozac, including Obama. In California, there is only a criminal background check through the FBI and CA state records; no medical or mental records check. Go to a gun store, and be straight with them, and see what they say. But of course we Aspies tend to come across to the NT world as suspicious, so maybe if that worries you, have someone else go ask.

Charles


There's no way they could deny drivers licenses to anyone who has received even out patient treatment.

If they are why isn't the ACLU in a s**t storm.

OP, you don't need to disclose your AS, just answer all questions truthfully and do not apply if you have been adjudicated or committed involuntarly.



jonny23
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12 Nov 2012, 1:26 pm

kx250rider wrote:
In Texas, you can't get a concealed carry permit, and in fact cannot even have a drivers license if you have received treatment for any mental condition, but I don't think there's anything about gun ownership. I think they've eased up a bit on the drivers license part, because everybody is on Prozac, including Obama. In California, there is only a criminal background check through the FBI and CA state records; no medical or mental records check. Go to a gun store, and be straight with them, and see what they say. But of course we Aspies tend to come across to the NT world as suspicious, so maybe if that worries you, have someone else go ask.

Charles


Texas law regarding concealed carry permit. I can't find anyone online saying they've been denied for having aspergers

You will be denied if:

"(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a duture time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs
(4) has entered in a criminal proceeding a plea of not guilty by reason of insanity

(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the preceding five-year period;
(2) psychiatric hospitalization in the preceding two-year period;
(3) inpatient or residential substance abuse treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; OR
(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder"



Brock
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13 Nov 2012, 12:49 am

Tell them you have a .38 special interest.

God I am hilarious.



AProudHillbilly
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13 Nov 2012, 8:55 am

:lol: :lol: :lol:


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28 Jan 2017, 9:44 am

lotuspuppy wrote:
That being said, there's probably a definition of "mentally defective" in the code, or relevant case law. Case law is admittedly hard to find without some research, but code is not. Find the part of your state's code that regulates the sale of weapons. Memorize the citation. If Asperger's is not listed, or if you feel you do not meet the criteria for "mentally defective" for owning a weapon, it's probably safe to buy a weapon. You may not even have to disclose, unless you have to by law.


1) Federal regulations at 27 C.F.R. § 478.11 define the term “adjudicated as a mental defective” as:
A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
(1) Is a danger to himself or others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
The term shall include:
(1) A finding of insanity by a court in a criminal case; and
(2) Those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

*Note, however, that even though findings of insanity or incompetency by a court in a Federal criminal case may subject persons to Federal firearms disabilities, such persons cannot receive relief from those disabilities under the NIAA.

2 Federal regulations at 27 C.F.R. § 478.11 define the term “committed to a mental institution” as:
A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily.
The term includes commitment for mental defectiveness or mental illness.
It also includes commitments for other reasons, such as for drug use.
*The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.



Pieplup
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28 Jan 2017, 6:41 pm

OwnAbyss wrote:
I'm not really sure if this is the right place to post this, but here I go. I'm really into weapons, and I would like to own firearms in the near future. I am of legal age to own them in my state, but I know that you are disqualified from gun ownership if you are labelled "mentally defective". This worries me, as I know people can be far from understanding when it comes to Asperger's. What I want to know is, will I barred from owning guns because of Asperger's? I tried Google, but didn't really get anything solid.

I'm pretty sure your parental guardian can allow you to own one.


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