Hi, I am from NETN. I have some questions.
My husband is 71 and I am 53. He has some beautiful guns. One is Taurus the Judge. It goes to our son if he passes before me.
But he has a couple of other guns. I have a couple of questions.
I have been diagnosed with major depression and anxiety. I have been hospitalized for major depression a couple of times. I am now under control because of medication.
Do I have to get rid of the other guns he had because of this? I don't think that I should have to get rid of them. I live in an area that it is not safe to live alone. I think the constitution gives me the right to defend myself.
I am not going to go on a shooting spree. That is not me. I am very laid back. I love people. I love reading the Bible.
Who's guns are they? you say the guns are your husbands, but then ask whether you have to get rid of them? The issue you ask about is very hard to discern. I just don't know what disqualifies someone in the mental department not to be allowed to be in possession of firearms.
Since your not actually making a purchase of any kind and ownership is not an issue (your not the owner as you have explained he is), my opinion its up to your husband how the guns are dispositioned.
If you came into my store to buy a gun and when filling out the 4473 question number 11 line (f.) states "Have you ever been adjudicated mentally defective (which includes a determination by a court, commission, or other lawful authority that you are a danger to yourself of others or that you are incompetent to manage your own affairs) OR have you ever been committed to a mental institution?" You must answer yes or no. If you answer yes I could sell you the gun by law if the hospitalization was voluntary and not the result of drug abuse and the hospitalization was not the result of a court or commission.
Now hers where I think it gets complicated if you answered yes I would not sell you the gun simply because I would not want to be responsible for anything that went wrong in your life that caused you to harm yourself of another. I understand clearly and I think you would never be a risk UNLESS your meds went wrong. If you felt or your therapist felt you needed to be hospitalized it was to protect you and there was either concern when asked do you ever think of hurting yourself or someone else you must have either said yes or gave the doctor the impression you needed observation and a voluntary hospitalization was the right thing that you did. KUDOs for you.
When a tics check is run in Tn a voluntary hospitalization will not show (at least for now) so if you were to answer NO there is no lie taking place and legally the sale could take place but I would be a jerk and not do the sale if you wrote down NO but told me your story.
BUT>>>>>>your not buying your going to inherit and there is no law at the present making it a crime for you to have a gun in your home. You might run into a similar situation if you were to apply for a carry permit. I think and dont remember the same question is asked about the hospitalization. I really think you are a good person simply because of the questions you asked and really hope that the depression is behind you and your desire to remain a law abiding citizens speaks to your goodness.
Im almost tempted to delete this because its too much information and Im sure not any lawyer. Lets say I'd advise you to not worry about the inherited guns and if you find you wish to purchase a gun talk to a legal expert and get his/her advice for your own peace of mind.
Stay well and smile its the best medicine (I'm not a doctor either but I stayed in a hospital once)
With the events of the day and Obama on the rampage who knows what lays ahead for any of us. The way I read the 11f explanation your good to go for gun ownership, see a lawyer.