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Hat tip to Keep and Bear Arms Today we have the story of Aubrey Ellen Shomo. A self-proclaimed pacifist and poster on Democratic Underground, she writes A Pacifist's First Day in Shooting Class. Before the end of the first paragraph she declares “Also, it could be fun to show people my permit and my psychiatric records at the same time.” Visualize a large, red flag waving. Why would THAT be fun? What makes Aubrey Ellen Shomo’s psychiatric history so interesting? Cue up Google and do the obvious search. Bang. Aubrey seems to like to express herself. Here is some of her psyc bio. Reading her psychiatric bio you get that she has been involuntarily committed on more than one occasion. If that were true, she may be a prohibited person under federal law. That would also make her ineligible for a ccw under Colorado law. If she received a permit, she would be in violation of state law for lying on her application. If she actually owns a firearm, she would be in violation of federal law. If she bought that firearm through an FFL, she would have had to have lied on her yellow form – also a violation of federal law. At the very least, she would have violated federal law if she handled a firearm or ammunition as a part of the class. Reading the reminder of the post on Democratic Underground makes it obvious that Aubrey does not have a clue about firearms. Statements like “I learned that you could tell the difference between a revolver and a semi-auto.” make her statements questioning her instructor’s knowledge suspect. Undeniably, this woman has never had any previous education about firearms. The trivial tone of Aubrey's writings make it clear that she has no clue as to the thought process that goes into owning a gun, having a concealed handgun permit or actually carrying a firearm. Let's hope she gets some legal advice before proceeding. Update: The commenter is correct. It is unclear if parental commitment would cause one to be a prohibited person. I have updated above with the appropriate waffle words and will investigate next week. Let's be clear on one thing: if a prohibited person so much as handles a firearm or ammunition they are in violation of federal law. Possession does not mean ownership. It means picking the item up.
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Gunlawnews may be wrong on this one
Written by acfrechtling on 2005-12-16 10:58:17
Checking out Title 18 Chap 44, we see that there is wording that firearm possession is prohibited to anyperson who " has been adjudicated as a mental defective or has been committed to any mental institution".
The key word is adjudicated. If Ms Shomo's parents had involuntarily committed her to a mental institution, she would not have been adjudicated as a mental defective. And since she apparently was being treated for mental illness from age 8 to age 16, it seems that this is likely.
Continuing on the same line , we have to ask if there is a court case that says that a parental commitment of a minor is disqualifying. My sense is that the word "committed" means committed by a court.
Maybe someone with more legal experience on this issue could help us out. null |
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