Hello, if you're bipolar...

[ChaChing]

Hello Calguns just a few questions...

1) If you have been diagnosed as being bipolar are you allowed to own a firearm in california?

2) If you are bipolar and live in the same house with a family member who owns a firearm, are they legally required to keep that firearm in a safe? If so, would a locked container be good enough? (like a pistol case that oftentimes comes with the purchase of a pistol)

or this? http://www.amazon.com/Stack-On-PDS-5.../dp/B002KEIU4W

Thanks in advance

[a1c]

How would you answer this question on the 4473 form:

f. Have you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have you ever been committed to a mental institution?

[ChaChing]

How would you answer this question on the 4473 form:

if i was bipolar and had been to a mental institution, I would answer yes.

[CALI-gula]

if i was bipolar and had been to a mental institution, I would answer yes.

Wait. "Committed" to a mental institution and "been to" a mental institution are two different things.

If you look at what the 4473 questions asks, simply being labeled or diagnosed bi-polar is not a reason to answer that question yes. And by the way, not everyone that is bi-polar is violent or manic. There are also dissociative disorders that get classified as bi-polar which are drastically different in their presentation.

[bubbapug1]

What about PMS? Anyone who has been married can surely attest to some level of mentally defective stuff going on during PMS!!

Back to the original question...who said you were bi-polar? A court or a doctor? Do you have a 5150 on your record?? The backround check says you have to be adjudicated as mentally defective to fall into the prohibited person catagory.

"adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs)"

I would say that statement applies to like 95% of the population but I am not a judge.

That said, only you know the level of impairment you suffer during bouts of depression, and you need to be honest with yourself for your own safety and the safety of others when deciding to buy a gun.

[ChaChing]

Thanks for the replies. Actually, im not diagnosed bipolar, but can someone answer the second question please? That one is more important to me.

[CALI-gula]

Thanks for the replies. Actually, im not diagnosed bipolar, but can someone answer the second question please? That one is more important to me.

Same issue: diagnosed as being bipolar, or adjudicated mentally defective?

Like I noted above, simply being diagnosed as bi-polar does not mean you are destructive or self-destructive, or that treatment is not possible, nor that you are not allowed to own or can't be in proximity of those that own firearms.

HOWEVER... I DO think if the person WERE merely diagnosed, but you think they have a potential for self-harm or harm to others, it would be in your best interest to lock up the guns.

[stix213]

Thanks for the replies. Actually, im not diagnosed bipolar, but can someone answer the second question please? That one is more important to me.

If someone in a household is banned from possession and ownership of firearms, a safe is the typical way a firearm owner would prevent access to them by the prohibited individual when not in the firearm owner's immediate possession. I'm not aware of any law specifying a safe as the only way to accomplish that, but I'm at a loss to come up with a better way besides carrying 24/7. I suppose a locked door could work, but gun owners should really buy a safe anyway. A locked pistol container? Not sure... if the prohibited person is walking around the house holding the locked pistol container I suspect they would be in violation, otherwise you'd see prohibited individuals use locked containers as a loophole pretty often I would think.

[ChaChing]

Would this be good enough for question 2?

http://www.amazon.com/Stack-On-PDS-500-Drawer-Safe-Electronic/dp/B002KEIU4W

It's a safe, but i'm not sure if it's a "pistol" safe, although it has been advertised in the manufacturers description as "Great security for pistols, ammo and valuables at home, on the road, or in the office, this safe has solid steel, pry resistant plate steel doors, steel live action locking bolts, and concealed hinges that provide greater security."

Thoughts?

[Beelzy]

Don't need to be a rocket scientist to reason out that crazy people even bipolar ones do not need firearms......They already have their crazy on!

[ChaChing]

Don't need to be a rocket scientist to reason out that crazy people even bipolar ones do not need firearms......They already have their crazy on!

What an awful thing to say.

I'm asking for legal advice, not personal opinion.

[DaveInOroValley]

I know someone who has been diagnosed for over twenty years as bi-polar, this does not affect you owning guns or having a security clearance with the government.

[Beelzy]

What an awful thing to say.

I'm asking for legal advice, not personal opinion.

Then call an attorney.....for at Calguns whether big and tall or short and small you get it all!

(You also did not specify that clowns need not reply)

[unusedusername]

Hello Calguns just a few questions...

1) If you have been diagnosed as being bipolar are you allowed to own a firearm in california?

As was posted before, Form 4473 (required to buy a firearm) asks:

f. Have you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have you ever been committed to a mental institution?

This question has two parts, so lets look at both of them.

Part one has a very specific requirement, which is being "adjudicated mentally defective". The requirements for this is that a judge issues a ruling that says you are unable to manage your own affairs.

A doctors diagnosis of a disease (mental or physical) does not count as "adjudicated mentally defective".

A doctor has a legal requirement that if they feel someone is not safe to themselves or others then they need to start the process that gets a judge involved. If this process is started it will be obvious because the cops usually show up, then there is a hearing, and then some official papers are issued. The person being declared is usually required to attend the hearing.

Then there is the OR part.

In California, "committed to a mental institution" means involuntarily committed to a mental institution. This is governed by sections 5150 and 5250 in the California Welfare and Institutions Code, which is why people call it "a 5150". If you see a therapist, it is not a 5150. If you check yourself in to a mental hospital, it is not a 5150.

If someone is arrested during an episode and needs to be restrained until they calm down at the hospital, that is likely a 5150. Note that the section governing this requires forms to be filled out to make it a "real" 5150.

If either of these things happen then the person can not own firearms due to mental health reasons.

2) If you are bipolar and live in the same house with a family member who owns a firearm, are they legally required to keep that firearm in a safe? If so, would a locked container be good enough? (like a pistol case that oftentimes comes with the purchase of a pistol)

There is the legal answer and the "moral" answer here. They are different.

Legal answer first:

If you live with someone who can not legally purchase a firearm, then they can not have access to it. Locking it in a case that they can not open is sufficient. If the person that is not legal to own a firearm is mentally handicapped or just not too good with mechanical things then a cheap lockbox as was referenced above will probably work. Be aware that some of these lockboxes can be opened by a well trained 3-year old. If the person that can not own a firearm is also a locksmith, then something stronger might be required.

Moral answer:

This is my opinion. If you live with someone who might injure themselves with something you own (not just guns) then that stuff needs to be stored safely so that they can not injure themselves. This counts for little babies, as well as adults that can not know any better, as well as folks that just get a little bit of the crazies every now and again.

Disclaimer: I am not a lawyer. My advise is worth what you paid for it.

The only way to get legal advise is to hire a lawyer. If you need legal advise then hire a lawyer.