Background check for firearms question

DexterMeth

Bluelighter
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Oct 20, 2003
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I have been looking all over the net for an answer to this question, but I couldn't find it, so I thought I'd give it a try here, especially since it deals with narcotics.

I understand it is the law in California (and in most other states, if not all) that one cannot purchase a firearm/(or pass the background check), if one is addicted to narcotics. Now I assume that there is a certain time frame for this, because if someone used to be addicted to narcotics and do them, but no longer and hasn't for a years, they wouldn't fall into the "addict to" category, right? I can't just assume this, I need to KNOW it, BUT assuming that is correct, how long is that time frame?

The other rule that I understand that someone could easily get flagged for is "mental illness". What if this was a temporary episode directly linked to substance abuse? Like if someone had a bad trip on a psychedelic and went to the ICU, was monitored for 8-10hrs until they came down and then discharged, does that go on their record as mental illness? What about if when you were in rehab and when the doctor asked why you WERE abusing "this or that", and you said to self medicate because of anxiety?

If none of this is part of one's life anymore, they don't use or abuse drugs, and they aren't crazy, like I meantioned earlier, is there a specific time limit a person has to wait to be deemed, "clean"/"not addicted"? Upon running a background check on a person for purchasing a firearm, would something like admitting oneself (NOT court ordered or anything like that, but a self check-in), even pop up as a flag to not let the person purchase?

It seems rediculous to me that because someone used to abuse drugs, that never had any trouble with the law because of it, and only went to rehab because they checked themself in, should be haunted and punished by society for the rest of their life because of it. I can't see that being ethical, that just because someone USED to do drugs that means they don't have the right to legally defend themself and family and household with a firearm(s)?

Any input, personal experience, etc. would be greatly appreciated. I am obviously looking foremost for the answer to this. Again, can a person who USED to be addicted to narcotics purchase a firearm?>>>If so, how for long would they had to have been clean?>>>Does admitting oneself into rehab wave a person's right to buy a gun?>>>If so, how long would one have to wait until they were then deemed fit to purchase?>>>Would having a single "bad trip" on a psychedelic permenantly ruin one's right to purchase? (The person has no criminal nor government appointed mental health record..unless checking oneself into rehab counts?) Is any of this even the government's/AFT/FBI's business if the law was never involved?

Sorry for being redundant, I just wanted to make sure I didn't leave anything out. If this is the wrong forum, please move accordingly. I have no clue where else I'd ask this. Obviously if no one can help me out I'll register to some NRA forum or something just for this single post. Thank you.
 
Under California law, anyone addicted to any narcotic drug is prohibited from possessing firearms. Narcotic drugs do not include marijuana for the purposes of California's law. "Addicted" has been defined by the courts to mean that the user has an emotional dependence on the drug and a compulsion to continue its use, and an increased tolerance that leads to larger doses. The goal of the law is to stop people from using guns to commit violent crimes such as robbery to get money for drugs. If you haven't used drugs for years, then it seems like you are not a drug addict for the purposes of this law. An unreasonable district attorney might try to make a case that "once an addict, always an addict," but I doubt that would be a very successful argument. But like anything in the legal system, you never know.

Under federal law, 18 United States Code Section 922(g), anyone who is an unlawful addict or user of any illegal drug, including marijuana, is prohibited from possessing firearms. Again, I'd say it would be quite a stretch to deem someone who hasn't touched drugs for years to be an addict or a user.

Here is 21 USC 802, referenced by 18 USC 922(g) for definitions, but I didn't see anything about length of time being clean on it:

http://www.law.cornell.edu/uscode/uscode21/usc_sec_21_00000802----000-.html

As for how long one has to be clean, I don't know the answer to this. It would require research into the two statutes, California Penal Code Section 12021(a) and 21 United States Code Section 802. You could hire a lawyer for a definitive answer, or you could go to a university law library and ask the reference librarian to help you research the issue using the annotated codes (which summarize court cases that interpret each code section) as well as looking up the cases themselves.

Under California law, if you were admitted to a facility for psychiatric treatment under California Welfare and Institutions Code Sections 5150, 5152, 5250, 5260, or 5270.15, you typically can't have a gun for five years.

Under federal law, anyone who has been ruled by a court to be a mental defective or who has been committed to a mental institution cannot possess firearms. Again, you'd have to research this code section, 18 United States Code Section 922(g), to see if the prohibition applies to you, and if so, whether it ever expires. Or you could hire a lawyer--that's the only way to know for sure. PM me if you want a referral to a firearms law attorney in southern California.
 
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For one thing, how would the firearms seller know you were an addict? Drug testing is not a prerequisite for buying a gun (that I know of), so as far as being a current user, I don't think you should have a problem.

Now as far as the mental illness thing, the only way it should prevent you from buying a firearm is if a judge ordered you to be involuntarily commited to a mental hospital. If you just went to the ER and were monitored for 8-10 hours, I don't think you should have a problem there, either.

Now I think the laws are more strict with handgun and assault rifle purchases than just regular rifles and shotguns, but you are at a disadvantage being that you live in California because they have pretty strict gun laws.

I know in Texas that if you have been involuntarily commited to a mental hospital that you have to wait like 5 or 7 years before you can legally purchase a handgun. But like I said, you voluntarily checked in so I don't think they should flag you.

All this being said, I DO NOT know California laws so if nobody can help you here, it may be in your best interest to go ahead and register at the NRA forum or some other Cali gun forum and ask them.

Good luck.
 
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