If a spouse tells their doctor that they are depressed and that there are guns in the house.....

[RobMa]

If a spouse tells their doctor that they are depressed and that there are guns in the house, can the state legally take them even know the primary owner has no depression issues and the depressed spouse has no access to the firearms?

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[solv3nt]

If a spouse tells their doctor that they are depressed and that there are guns in the house, can the state legally take them even know the primary owner has no depression issues and the depressed spouse has no access to the firearms?

Depends on the State.

 

[RobMa]

Depends on the State.

WA/OR

 

[Hueco]

There is a big difference between being depressed and being suicidal/homicidal.

I don't think doctors are on the short list of people allowed to provide evidence in the issuance of an ERPO but I could be wrong.

In any case, if there is a concern it would be worthwhile to attend a doctors visit together so as to come up with a solution. A doc could very well want no weapons in the house of their patient and your assurance of no access could go a long way.

That being said, if a doc were that worried of impending suicide/homicide - they should be reaching for involuntary commitment, not an ERPO.

 

[arakboss]

If it's an either or, that spouse is going to need to find an extended stay hotel.

 

[solv3nt]

WA/OR

Oregon has red flag laws, and I'm 99% Washington does too. I haven't personally read into the laws, but I wouldn't be surprised if they could take your guns.

 

[ma96782]

Seems to me...... like they're actually "BIGGER/HIDDEN PROBLEMS" with that question.



Aloha, Mark

PS......besides the LEGAL straight question (in the OP). There are/apprears to be, a mulitude of "What if's". Seems to me......any person facing the issue, needs to/should decide for themselves, what is the appropriate course to follow.

That all being said......LEGALLY WISE. Some whole heartedly agree in a "Boyfriend/Girlfriend (husband/wife) Loophole" when talking about gun ownership/possession issues.

Whatever.

 

[Nosferatu]

Red Flag Laws / Extreme Risk Protection Orders | Washington Gun Law

www.washingtongunlaw.com

 

[Koda]

That being said, if a doc were that worried of impending suicide/homicide - they should be reaching for involuntary commitment, not an ERPO.

agree but involuntary commitment to where? And how long does it take to legally [force] someone there?

 

[titsonritz]

I am depressed...










...because, I haven't bought any new guns lately.

 

[WAW44]

There is a big difference between being depressed and being suicidal/homicidal.

I don't think doctors are on the short list of people allowed to provide evidence in the issuance of an ERPO but I could be wrong.

In any case, if there is a concern it would be worthwhile to attend a doctors visit together so as to come up with a solution. A doc could very well want no weapons in the house of their patient and your assurance of no access could go a long way.

That being said, if a doc were that worried of impending suicide/homicide - they should be reaching for involuntary commitment, not an ERPO.

If the spouse tells that doc yes, they are depressed and, yes they think of hurting themselves, and yes, they know there are guns in the house, then that doc will surely report that. The doc does not petition for the ERPO, but the doc is likely to report this to a local LE agency and it is this LE agency that may petition for an ERPO if they wish. This is perfectly legal and the doc may actually face liability if they don't report it, but believe the comments were credible. This where the fine line between patient confidentiality and reporting requirements comes in. To be clear of the liability, the doc is likely to just report it anyway, because it's easier to defend against any suit that the patient or their family may bring under HIPPA than it is to deal with the fallout and any liability should that depressed person act on their ideation.

 

[titsonritz]

 

[ZA_Survivalist]

And this will simply keep people from going to the doctors who may need or are seeking help.

 

[Hawaiian]

It takes more that just being depressed. Also, I don't see where the law allows for confiscation of someone other than the individual involved firearm rights.
That said, if I thought that a member of my household was suicidal or homicidal, I would make darn sure they did not have access to my or any other firearms.

Oregon is one of nearly 20 states with the law that allows families and law enforcement to file petitions before a judge, referred to as an Extreme Risk Protection Order, to confiscate weapons from someone who is a risk to themselves or others.

The law that went into effect in 2018 allows the orders if a person fits any of the following circumstances:

• history of suicide threats or attempts
• history of actual or threatened violence against other people
• prior convictions for assault, strangulation, menacing, reckless endangerment, stalking, intimidation, domestic violence offenses, driving under the influence, or any offense involving abuse or cruelty to animals
• recent unlawful use of controlled substances
• history of displaying or brandishing a deadly weapon
• prior violation of a restraining order or stalking order
• whether the respondent acquired or attempted to acquire a deadly weapon within the past 180 days

 

[Koda]

whether the respondent acquired or attempted to acquire a deadly weapon within the past 180 days

so just buying a gun can get you flagged?

 

[Hawaiian]

That one confused me also. I am thinking that it must be in connection to one of the other instances.

 

[Koda]

That one confused me also. I am thinking that it must be in connection to one of the other instances.

its odd, the only way I can think it would be legal is if your already flagged and your previous guns have already been taken away.

 

[RobMa]

I was just going off the basis that the people who run Oregon and Washington are indescribably anti-gun and they would look for any and every reason to take people Second Amendment rights away from them.

 

[L84Cabo]

Doctors are not currently listed in the Red Flag laws for WA and OR. Needs to be family member, household member, domestic/intimate partner, etc., or the police. Doctors do not seem to be currently listed in either state. However, this may be irrelevant if the doctor contacts law enforcement...because they could MAYBE do it if they felt the situation warranted it.

But I don't know how law enforcement would regard this...the person with the issue is not the actual gun owner. Going after your guns for your spouse's issues seem like a big stretch to me. And especially if you can demonstrate that she does not have access (ie the guns are locked in a safe and she doesn't have the combination).

But if you're worried about this and/or you think it's nearing a point that law enforcement may get involved, you may want to contact an actual attorney. I suspect it's much better to be in front of this kind of thing than to have the cops take the guns and then you have to fight to get the things back.

 

[PORSCHE928S4]

Depends on the State.

Depends on the state of mind !