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Depends on the State.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?
WA/ORDepends on the State.
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.WA/OR
agree but involuntary commitment to where? And how long does it take to legally [force] someone there?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.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.
so just buying a gun can get you flagged?whether the respondent acquired or attempted to acquire a deadly weapon within the past 180 days
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.That one confused me also. I am thinking that it must be in connection to one of the other instances.
Depends on the state of mind !Depends on the State.