this post was submitted on 26 Oct 2023
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[–] [email protected] 30 points 1 year ago (1 children)

It's something current federal law does and has done for decades. A person who is involuntarily committed to undergo inpatient treatment at a mental health facility by a court of law is classified as a "prohibited person" and cannot own or have access to firearms.

Source link: https://www.atf.gov/firearms/qa/are-there-persons-who-cannot-legally-receive-or-possess-firearms-andor-ammunition

The catch is that a person cannot be deprived of any right without due process - typically a literal day in court. Therefore an individual with mental health problems that have not caused enough trouble to land them in front of a judge can't be declared a prohibited person.

[–] [email protected] 5 points 1 year ago (1 children)

Due process does not always require a hearing before court action. There are emergency injunctions, ex parte protective orders, temporary restraining orders, certain classes of summary process. When a guy owns assault weapons and is hearing voices, due process can wait a couple weeks.

[–] [email protected] 3 points 1 year ago

I believe you missed my use of the word "typically".