Basically he doesn’t want to end up on tv doing something stupid being out of his mind. He is thinking proactively to put up road block just the option to get a gun?
In my state, you lose gun rights automatically if you’ve ever been hospitalized for a mental health issue. Even if you’re released and declared healthy.
I feel this kinda thing. Its like ok I know im together now but I also know I have something that can be a danger. Im not actually talking about myself but I have family and if I had something that got to a certain point I would want to do the same as your brother.
Assuming you mean in the US, there is a national system called NICS that basically has the FBI run a background check. Some states have additional systems to augment that.
The conditions that get you put into the “no” list are things like committing a felony, domestic violence, drug use, etc. Being committed (against their will) to a mental institution is on that list. A mental institution would have to report you with evidence to get you added to the list. Potentially, he could ask his psychiatrist to do that for him. It may not be an option, but if you brother is worried himself, that is good evidence, I think.
When you buy a gun, you have to check boxes on a form to say you aren’t a felon, addicted to drugs, a fugitive, etc. They can check the felon and fugitive part, so if you lie, you get in big trouble. Drugs, though, they obviously dont have a list, so really it’s just a way to add penalties if they can later prove that you lied (e.g., hunter biden). You couldn’t just do a drug and automatically pop onto a list.
Caveat on the drug thing: There is a list of who has a medical cannabis Rx. And I suppose any prescription… do opiods count?
The question is: “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
So prescriptions should not count.
Medical cannabis cards are not prescriptions, and cannabis remains illegal for medical use under federal law in the USA.
There have been attempts to interpret this as meaning that someone with a medical cannabis card may not legally own a firearm, but when the question has gone to court recently, judges have usually disagreed,
Are you? At the very moment that you’re answeriing that question on the form?
The exact wording is if you are an
“unlawful user of or addicted to any controlled substance”.
So a legal prescription to opioids shouldn’t be a disqualifier, unless you become “addicted” which could maybe be up to some interpretation, but if you stick to what your prescribed it would be pretty hard for anyone to prove an addiction
Weed is in a weird place, and I’m not 100% up on the latest stuff with that and how rescheduling will change things, but since it’s still schedule I, as far as the feds are concerned there is basically no legal use for marijuana so pretty much any use is a disqualifier. I don’t know how rigorously they check that against people who have medical cards.
Continuing with the US focus, perscribed opioids don’t count and generally prescriptions are protected information. It shouldn’t appear in a background check, and those are lawful users of the substance. Medical marijuana gets complicated without any federal recognized medical status for it, there are no lawful cannabis users from the ATF perspective.
Edit- in practice, all the guntoting smokers put “No” that they are not addicted or illegally consuming cannabis, the argument being it’s not illegal in their state - so how could it be consumed illegally? But fed doesn’t really abide by that. They will bring falsifying document charges and strip gun ownership for MJ Rx if it applies.
Yeah, I have to get drug tested a lot in my career and have an Adderall prescription. Firstly only one employer has even attempted to drug test me themselves because what they need is to know anything I test positive for is prescribed. Secondly that one that bucked the wisdom of others (it was a job placement agency) fucked up royally by kicking me out as I tried telling them that legally since I can prove I have a prescription for it they can’t reject me for it (this is why most don’t want to know, it opens liabilities). In their parking lot I reported them to the EEOC who declined to sue, but told me I had a case and I was allowed to. No justice here though, I’d gotten a different job by then and didn’t care enough to sue for a job I never wanted
I imagine it depends on state laws
Right now AR
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