Negative, in the eyes of federal law he did not lie on the 4473.
https://formswift.com/atf-form-4473
Section 11, Question F
Have you ever been adjudicated as a mental defective? OR Have you ever been committed to a mental institution? Yes___ No___
As far as I know he was neither adjudicated nor committed.
Do you have info on the perp's adjudication or commitment for mental defectiveness that I am unaware of? If so please share as I'd like to know.
That definition of "committed to a mental institution" has been in flux for a decade. PRE-Heller decision -- even a "short committment" COULD qualify under state law. And it varied WIDELY under the individual states.
You are correct. But the problem here is that this kid SHOULD have been adjudicated as a potential threat to himself and others and DOZENS of people and entity dropped the ball. If not for the threat of a school shooting, then later on when he appeared in a full Hazmat suit from head to toe in class. OR the 100+ page hateful, racist manifesto outlining his intentions of violence that never got reported. FBI and DOJ wants to "tag" parents for school board disagreements but doesn't get a tip on potential "troubled school shooter"??????????
Emergency Admission or
Hospitalization
As noted above, state law may authorize a health care provider to admit a patient to involuntary psychiatric treatment, particularly in emergency situations for a brief duration. In these limited instances, it is possible that a health care provider would be considered an “other lawful authority,” and the patient receiving involuntary psychiatric treatment would fall within the definition of “committed to a mental institution” for purposes of the GCA. For example, in United States v. Waters, the U.S. Court of Appeals for the Second Circuit held that the involuntary
hospitalization of an alleged mentally ill individual pursuant to New York state law14 met the definition of an “involuntary commitment” for purposes of the GCA, even though the hospitalization was ordered by the director of a hospital upon the certification of two physicians.15
However, at least one federal court has held that the Supreme Court’s recent recognition of
an individual right to possess a firearm in District of Columbia v. Heller,16 suggests that some
emergency hospitalization or commitment procedures should not be included within the meaning of “involuntary commitment” for purposes of the GCA. In United States v. Rehlander, the U.S.
Court of Appeals for the First Circuit (First Circuit) considered a Maine law which provides
authority for the brief, but involuntary, detention of individuals in mental institutions on the basis
of a medical provider’s examination and certification that the individual is mentally ill and poses
a likelihood of serious harm.17 In pre-Heller cases, the First Circuit had held that this emergency
hospitalization under Maine law qualified as “involuntary commitment” under the GCA.18
However, because the procedures under state law were ex parte19 and did not have additional
procedural safeguards, the court held that construing the emergency hospitalization procedures to qualify as “involuntary commitment” under the GCA post-Heller would risk depriving
individuals of their right to bear arms without sufficient due process. Therefore, the appellate
court overturned its earlier decisions and held that such emergency hospitalizations were not
“involuntary commitments.”
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I'm no fan of making it EASY to call someone "mentally defective" or have an isolated breakdown or need for meds disqualify their rights without a method of clearing all that at a future date.
But I will SAY -- ALL these cases, require SCHOOLS in particular and local law enforcement to TRACK these cases and REQUIRE treatment or commitment. And that's would have prevented probably DOZENS of the worst mass shooting events by juveniles. Law enforcement at SOME LEVEL should have tracking this kids' social media. If an EMPLOYER can dig back a decade for a hire -- situations like this ONE should be AUTOMATIC. And the kid PUT ON NOTICE that he's being monitored. If that requires a court date and a charge -- so be it.