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

[Caveman Jim]

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

Same with veterans, don't dare mention the big "D" word…

 

[PORSCHE928S4]

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.

True another tool in the mans box to keep a perceived threat in check

 

[PORSCHE928S4]

so just buying a gun can get you flagged?

Buying tons of benie babies should get you flagged buying guns as a investment that you can use should not !

 

[ZA_Survivalist]

Same with veterans, don't dare mention the big "D" word…

Exactly. Not a whole lot of help out there but they'll throw meds at them like candy.

 

[Cavedweller]

This is not legal advice, I am not a lawyer, and I did not stay in a Holiday Inn last night. That said:

I don't think the OP's scenario is a case where red flag laws would apply, unless perhaps the spouse was the owner of the firearm(s) in question. Common sense would dictate that as long as the owner of the firearm(s) was in compliance with the respective state's safe storage law, there would be no reason for LE to seize them.

And that's what gun laws are all about, common sense, right? /sarcasm off

ETA: The OP's scenario is exactly the sort of thing safe storage laws are intended for.

 

[Caveman Jim]

Exactly. Not a whole lot of help out there but they'll throw meds at them like candy.

And that's the start of it, if the meds don't work or somewhat helps they tire taking them and they figure they don't need them anymore, that's when the bad shlt happens.
That's what I believe is the cause for the school aged retards that feel the need for destruction of their peers.

 

[Koda]

And that's the start of it, if the meds don't work or somewhat helps they tire taking them and they figure they don't need them anymore, that's when the bad shlt happens.
That's what I believe is the cause for the school aged retards that feel the need for destruction of their peers.

and the cycle continues. Weve known for decades now most psycotropic meds have violent thoughts side effects yet we keep prescribing them. We dont fix issues we medicate them.
rant over.

 

[Caveman Jim]

That's why I only have 1 prescription drug that I take every day, arthritis pain. I've been prescribed many drugs for back pain, insomnia and sleep disorders, no thanks because some were narcotics and anti-depressants.

 

[Hueco]

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.

There's an interesting legal question in there that I'm not sure has been sorted out. It has to have been I just don't know it.

If one person is a legit prohibited possessor (think felon) - does their roommate voluntarily give up their gun rights by agreeing to share a domicile? What if that person is a child, parent, or spouse? What if they did not start out as prohibited but later became?

Going to have to go dig for some case law…

 

[Spitpatch]

Regardless of what anybody "reports" about a subject, involuntary commitments are not normally done unless police (by direct contact with the subject) determine the subject to be an immediate danger to themselves or others. It's an abridgement of rights, and cops don't go there lightly (if not out of respect for those rights, then out of self/career interest).

Such is the source of the numerous cries of , "The cops didn't do anything!" Abridgement of gun rights (from an officer's point of view) falls into the same category.

Having said that, anytime somebody tries to say to you (in regard to police actions), "They can't do that!", I am here to tell you they can, and the ONLY recourse you have (assuming you have the resources) is to be fortunate enough to find a judge who might correct it later. In the moment, you have NO recourse.

Other than your guns.

 

[rybuj160]

You would think that there would be some sort of patient/doctor confidentiality that would prevent from this happening. If it weren't the case then that would make it harder for a lot of folks to feel comfortable to get help when they need it.