• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Here's a question on "Mental Disability"

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
It hinges on the word phrase 'voluntary commitment'. The two words comprising the phrase are diametrically opposed conditions. If you are voluntary, then you are voluntarily admitted and are free to leave at any time, even AMA (against medical advice). The other option is that you are committed, this is done by a county MHP (mental health professional) who will evaluate your danger to yourself or others. They can commit you for 72 hours at which time you appear before an administrative judge or commissioner who make the determination if you will be committed for up to two weeks, in which case you are not free to leave and are essentially civilly incarcerated. If this is the case, you are given a form explaining that your right to possess a firearm under Washington state law has been terminated under RCW 9.41.040. See the bottom of page 5 and several more pages on this document (pdf) which is much too long to quote here. It also includes the subsequent possible civil commitments of longer duration.

I have personal experience with this issue as my son's guardian. I vaguely remember them mentioning that it did not affect his federal right to possess a firearm, only his state right, but I don't remember enough to speak to it with any accuracy. [edit] Actually, there is a very good table on page 11 of the file.

If you did AMA out on a Voluntary, there's nothing to say that the facility might not involve the MHP's if they felt that you were a danger to yourself or others.

Gene, Nice to hear from you again. Thanks for the explanation. That clears up my question.
 

oneeyeross

Regular Member
Joined
Feb 28, 2010
Messages
500
Location
Winlock, , USA
And yet we restrict drunks from driving on the basis that they are more likely to have an accident. Many are stopped while just "lane wandering" and haven't had that accident yet so isn't this a form of prior restraint?...

Difference here is that driving on public roads is not a right, it is a licensed activity. Public speech, worship, assembly, owning a firearm, not having soldiers quartered in your home, no warrant less searches, trial by jury, etc, etc. are RIGHTS, that shall not be infringed or impaired. Big difference in what the state can restrict between the two...
 

DEROS72

Regular Member
Joined
Jul 18, 2008
Messages
2,817
Location
Valhalla
To bear arms is a God given right reiiterated by the founding fathers in the Constitution. It cannot be given or taken away. Driving is not.
No and I mean no one has the the right to judge me in that manner.I am the only one that can judge weather I can own and bear arms.We can't live in a society where we judge people on what you think the may do someday.
If they start doing that the left will use that to deny everyone for some ridiculous reason or other.Anyone tries to judge me in that manner could feel the full impact of my rights.
 
Last edited:

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
To bear arms is a God given right reiiterated by the founding fathers in the Constitution. It cannot be given or taken away. Driving is not.
No and I mean no one has the the right to judge me in that manner.I am the only one that can judge weather I can own and bear arms.We can't live in a society where we judge people on what you think the may do someday.
If they start doing that the left will use that to deny everyone for some ridiculous reason or other.Anyone tries to judge me in that manner could feel the full impact of my rights.

Mostly agree except.....

The right to freely travel is a God given right. But that's a debate for another thread.
 

oneeyeross

Regular Member
Joined
Feb 28, 2010
Messages
500
Location
Winlock, , USA
Mostly agree except.....

The right to freely travel is a God given right. But that's a debate for another thread.

The right to free travel is, the right to drive a car on a publicly built, public maintained road is a licensed activity.

I've never heard of someone being arrested for Walking Under the Influence. Oh, wait. Public intoxication is illegal....so, yes, you can be arrested for WUI.
 

joeroket

Regular Member
Joined
Dec 5, 2006
Messages
3,339
Location
Everett, Washington, USA
The right to free travel is, the right to drive a car on a publicly built, public maintained road is a licensed activity.

I've never heard of someone being arrested for Walking Under the Influence. Oh, wait. Public intoxication is illegal....so, yes, you can be arrested for WUI.
I don't believe that simply being drunk in public is an offense. If I remember right you must be causing a disturbance while being intoxicated to be charged with an offense, that is unless the specific municipality/county has a code restricting being intoxicated in public.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
The right to free travel is, the right to drive a car on a publicly built, public maintained road is a licensed activity.

I've never heard of someone being arrested for Walking Under the Influence. Oh, wait. Public intoxication is illegal....so, yes, you can be arrested for WUI.

I don't believe that simply being drunk in public is an offense. If I remember right you must be causing a disturbance while being intoxicated to be charged with an offense, that is unless the specific municipality/county has a code restricting being intoxicated in public.

Public drunkenness used to be an offense. In recent years laws have changed to require other actions besides just being drunk before you can be charged with anything. Most drunks are merely hauled off to detox "for their own safety".

Drunks are now considered "Alcoholics" and alcoholism is a "disease" thus not an offense.

Old saying: "The difference between a drunk and an alcoholic is that drunks don't have to go to any meetings".
 
Top