Baker Act
Does being baker acted disqualify you from owning guns? It just got me thinking, your wife could have you baker acted for getting drunk one night, and arguing with her, she could get scared, and the cops could baker act you! That hapened to a friend of mine, hes not a shooter so it didnt really affect him.
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for those that know me, you know i have a daughter that likes
to beat up on her mom and she has tried to do the same to me,
its just did not turn out the way she thought.
well today she was in a rage attack, and she tried to cut her
arm with a dull belt buckle, all she did was scrape some skin
off her arm, and convince the people at the counselor office
to call the sheriff and have her transported to the hospital
for 72 hours watch. now my wife is pissed off at me, i really
have a screwed up family. anyway she is in the hospital and her mom
cant say that I did it too her, she did it on herself. she will
be put on some meds and hopefully when she can come home, she will
be better. its sad, she is so smart, she only acts up with us.0 -
i could "call" and you could find out for the rest of us[:D][}:)] 0 -
quote:Originally posted by Dakota308
i could "call" and you could find out for the rest of us[:D][}:)]
Ill pass on that my friend!0 -
please do so that could be very important info. 0 -
I don't know what the Baker Act does but my understanding is that you're prevented from owning a firearm if you have ever been
-adjudicated as mentally defective, or
-involuntarily institutionalized in a psychiatric unit
and of course other things. Those aren't direct quotes from anything, just my idea of what the rules say.
edit for spelling.0 -
Spurge, the Baker Act, involuntarily commits you to a mental institution for 72 hours here in florida. 0 -
What is the Baker act? 0 -
quote:Originally posted by SuburbanNoize
Spurge, the Baker Act, involuntarily commits you to a mental institution for 72 hours here in florida.
Then I think you'd have to answer "YES" to item 12f on the ATF form 4473, and you'd be denied permission to buy the firearm.
http://www.atf.gov/forms/4473/
So in short, yep, that would screw you. I think there are provisions that allow you to petition the court to have your 2nd Amendment rights restored even if you're involuntarily committed, but I'm not sure.0 -
I don't think a 72-hour committment for evaluation qualifies as being "adjudicated mentally defective." Now, at the end of that period, if a judge orders longer committment, that might qualify.
The emergency committment is usually done by a Justice of the Peace in Texas, and the next hearing is before a County-Court-At-Law judge. The former is not a court of record, and the latter is.
Around here, ANYONE can get ANYONE else picked up and evaluated just by filling out an affidavit. No matter what is in that affidavit, the judges will sign the order. They are afraid of liability if they don't, I reckon.0 -
+1 with nunn on this.
A judge's order to be hospitalized for an evaluation isn't the same as being adjudicated mentally defective.0 -
Ok. So then on item 12f, what does and does not qualify as having ever been "committed to a mental institution"?
I trust your judgment on this, but I'm a bit pissed off that the language of the 4473 suggests something other than reality.0 -
I think it goes to the "committed" part - if as a result of police action you are put in an institution for precautionary Observation, it is not the same as "Committed to X Institution". 0 -
The key word is "adjudicated." Look it up. 0 -
quote:Originally posted by spurgemastur
-involuntarily institutionalized in a psychiatric unit
That is what it does.0 -
It takes 2 people here to baker act someone, not just the word of you spouse, the law can take you away if they feel you are a threat to yourself or others, this happen to someone that lives behind us just a few weeks ago.
Guy was off his meds and the law took him away for a 3 day stay.
just try not to tick off 2 at a time and you should be safe0 -
quote:Originally posted by SuburbanNoize
Does being baker acted disqualify you from owning guns? It just got me thinking, your wife could have you baker acted for getting drunk one night, and arguing with her, she could get scared, and the cops could baker act you! That hapened to a friend of mine, hes not a shooter so it didnt really affect him.
When I worked as a Paramedic in Georgia we had the same rule, a person could be involuntarily committed to the mental institution for 72 hours.
Then, depending on how they acted there, they might be released, or they might be kept for quite a while longer.
We had the biggest mental institution in the state in my town. I bet I took 100 patients out there on the 72 hour involuntary commit. We didn't call it "Baker Act" we just referred to it as "green sheeted,"
because the papers the doc filled out were green.
Nobody ever got green sheeted because they got drunk and argued with their wife and the cops decided to green sheet them. Police do not have that power in the State of Georgia.
Every patient I took out to the mental institution on green sheet orders was sent there by an ER doc. That doc had done all the blood and alcohol tests, and done a psychiatric evaluation. Then the doc had to call the mental institute and get the receiving doc there agree to accept the patient. At that point the ER doc signed the green paperwork and off we went.
Sometimes the patient would be in leather hand cuffs, shackled hand and foot to the stretcher. Sometimes he/she would be sitting on the bench talking to us.
When we got to the state mental institute, we had to wait for the receiving physician to interview and evaluate the patient, to see if the mental institute would, indeed, accept the patient. I took a hundred out there, and about five of them, I brought back to my ER, the psych doc refused to accept them.
Some of these interviews at the mental institution were comical. Many of the docs there were foreigners who could barely speak English. Many of my patients were blacks whose spoke Ebonics. So I would have to interpret between a Chinese doc and a drunk black guy.
At any rate, a person could not get a 72 hour involuntary commit at the whim of a police officer. Most of the patients I transported on green sheet orders richly deserved to be in a mental institution.0 -
Around here we just call it a "72-hour hold"
Most anyone brought in that OD'd or told someone they were having suicidal thoughts will be held.
Tell the doc you want to kill yourself, you'll be staying with us for three days0
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