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post #1 of 21 (permalink) Old 07-01-2008, 11:52 AM Thread Starter
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Holding Period and Background Check

Here's the dilemma, my Dad called me yesterday to tell me that his wife (my stepmother) had just commited suicide - she shot herself. She's been in an unstable mental state for about the past 2 years, recovering alcoholic, and seeing multiple Doctors who all had her on different medications. She attempted suicide a few years back, and even spent a little bit of time in the looney ward on a couple of occasions. However, about 2 months ago she all-of-a-sudden began showing significant improvements. Enough so that she started getting out and going for walks with the dog, etc. They live in a pretty nice community (lake front) out at Eagle Mountain....so it's a good safe place for her to get out and go for walks and such on nice days....this seemed to really be helping her, and my Dad was finally feeling positive that she was getting better.

My Pop removed all of his guns from the house quite some time ago, and did not recognize the gun that she used...it was a snub-nose .38 revolver. The cops did some investigating, and found out that she had purchased it from a Pawn shop that is only about 3-4 miles from their house, back on 6/21....the Pawn broker remembered her coming in, had her signature, and was even able to bring up video tape of the transaction.

So here's my question, and what my Dad is working with some other folks to figure out right now....if there is this holding period, why would they let her come in and walk out with a gun? We had thought there was a 10-day holding period? Additionally, when they do check background, is it only for criminal history, or do they also check for any history of mental illness?

I own quite a few fire arms, but most of mine were inherited from my grandfather (he was a gun collector)...I think the last time I bought one was back about 10 years ago from the Dallas gun show, so I've never dealt with the holding period before myself.

And FYI -Personally I only blame her, but I'm trying to help Dad get through his blame stage....just trying to help him figure it out.

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Last edited by Rreemo; 07-01-2008 at 02:48 PM.
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post #2 of 21 (permalink) Old 07-01-2008, 12:01 PM
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Quote:
Originally Posted by Rreemo
So here's my question, and what my Dad is working with some other folks to figure out right now....why would they jusy let her come in and walk out with a gun? I thought there was a 10-day holding period? Additionally, when they do check background, is it only for criminal history, or do they also check for any history of mental illness?.
No waiting period in Texas. Only 18 states have waiting periods.
In Texas there is a NICS (National Instant Check System) background check (for criminal activity) run at the time of purchase.
The store did nothing wrong by selling and letting her leave with it the same day.



Sorry for your loss


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post #3 of 21 (permalink) Old 07-01-2008, 12:08 PM
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Sorry for your loss, it's never easy to deal with something like that no matter how close you may have been to them. I'm sure it's much worse on your dad at this point.

There's no real waiting period to speak of depending on the background check. I've never been delayed and always walk out with the gun on the same trip. I believe the waiting period is 7 seconds to 7 years or something stupid like that.

From what I understand, the only thing that the background check looks for is criminal history. There has not been a check for mental illness in the past, which is what also allowed the VT shooter to purchase his weapons.

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post #4 of 21 (permalink) Old 07-01-2008, 12:08 PM
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Sorry for your loss. I hope this doesn't turn you into a gun control advocate. Your stepmom had issues that can't be solved by stricter gun control.

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post #5 of 21 (permalink) Old 07-01-2008, 12:12 PM
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Originally Posted by HOOCBB
From what I understand, the only thing that the background check looks for is criminal history. There has not been a check for mental illness in the past, which is what also allowed the VT shooter to purchase his weapons.
Some states (15) also do a state level check. While this may not turn up anything that wouldn't be shown in the NICS check, somtimes they will highlight other things... restraining orders, mental illness, domestic violence, etc. I'm not sure what counts as a "disqualifying offense" in those states though.


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post #6 of 21 (permalink) Old 07-01-2008, 12:36 PM
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I bought a new Sig Mosquito today.

The entire transaction from start to finish was about 20 minutes with me getting the gun I walked in there for.

If she was set on getting a gun, she would have gotten one anywhere.
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post #7 of 21 (permalink) Old 07-01-2008, 12:42 PM Thread Starter
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Quote:
Originally Posted by propellerhead
Sorry for your loss. I hope this doesn't turn you into a gun control advocate. Your stepmom had issues that can't be solved by stricter gun control.
Nah...not a chance. I'm a CHL holder and always have a firearm close by...this incident wouldn't change my mind about my rights. Honestly, some folks would probably find my opinion of the situation a bit harsh and maybe even unreasonable....I'm just trying to help my Dad answer some questions, that's the extent of it for me.

In a nut-shell - I know he'll eventually realize that he is going to be better off....good riddance, one final selfish act from a very self-centered person... Glad my Dad will have his life back now....he's been retired for 5 years and hasn't got to enjoy a single minute of it. I guess the world won't be revolving around her anymore.

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post #8 of 21 (permalink) Old 07-01-2008, 12:48 PM
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Quote:
Originally Posted by Rreemo
Nah...not a chance. I'm a CHL holder and always have a firearm close by...this incident wouldn't change my mind about my rights. Honestly, some folks would probably find my opinion of the situation a bit harsh and maybe even unreasonable....I'm just trying to help my Dad answer some questions, that's the extent of it for me.

In a nut-shell - I know he'll eventually realize that he is going to be better off....good riddance, one final selfish act from a very self-centered person... Glad my Dad will have his life back now....he's been retired for 5 years and hasn't got to enjoy a single minute of it. I guess the world won't be revolving around her anymore.
I hate to say it, but I'm glad you posted that
In your first post it seemed like you might be on a witch hunt and I was going to mention that no amount of legislation can stop a person from hurting themselves... but I figured it would be in bad taste.


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post #9 of 21 (permalink) Old 07-01-2008, 12:53 PM
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Quote:
Originally Posted by Rreemo
Nah...not a chance. I'm a CHL holder and always have a firearm close by...this incident wouldn't change my mind about my rights. Honestly, some folks would probably find my opinion of the situation a bit harsh and maybe even unreasonable....I'm just trying to help my Dad answer some questions, that's the extent of it for me.

In a nut-shell - I know he'll eventually realize that he is going to be better off....good riddance, one final selfish act from a very self-centered person... Glad my Dad will have his life back now....he's been retired for 5 years and hasn't got to enjoy a single minute of it. I guess the world won't be revolving around her anymore.


I can certainly see where you're coming from. I don't think it's harsh at all. It is, what it is. And fuck anyone that has anything to say, because they weren't their to witness any of it first hand.


Still sucks that you have to suffer, because he is suffering. It will all work out in the end, though.
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post #10 of 21 (permalink) Old 07-01-2008, 01:18 PM Thread Starter
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Quote:
Originally Posted by Strychnine
I hate to say it, but I'm glad you posted that
In your first post it seemed like you might be on a witch hunt and I was going to mention that no amount of legislation can stop a person from hurting themselves... but I figured it would be in bad taste.
Oh hell no, just trying to help him answer some questions....he's in that blame stage right now. Blaming himself, and looking for others like the doctors, how she got the gun, etc. I'm just helping him through it now, he'll eventually see that she's the one to blame for what she's done not only to him, but also her own kids and grand-kids, etc.


Quote:
Originally Posted by bcoop
I can certainly see where you're coming from. I don't think it's harsh at all. It is, what it is. And fuck anyone that has anything to say, because they weren't their to witness any of it first hand.


Still sucks that you have to suffer, because he is suffering. It will all work out in the end, though.
Thanks man....it does suck to see my old man like this....he's had some bad luck with women. This was actually his 3rd wife. After he and my Mom divorced, he remarried about 5 years later and I think that one was the love of his life, she was good for him....but unfortunately died of cancer after they had been together about 10 years. He stayed single for about 5-6 years after that.....had a real hard time getting over it. Then he met this one about 10-12 years ago, and had been with her ever since. I never liked her myself, but tolerated her....she pretty much just used him for his money, and I saw that from day one. She was truly a selfish, vindictive, and VERY materialistic woman. Her damned suicide note even read as though she was blaming my Dad for not buying her all of the things she wanted....at one point even said "don't worry, you'll only have to buy new carpet just this one more time".

Unbelievable really.

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post #11 of 21 (permalink) Old 07-01-2008, 01:21 PM
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Quote:
Originally Posted by Rreemo
Her damned suicide note even read as though she was blaming my Dad for not buying her all of the things she wanted....at one point even said "don't worry, you'll only have to buy new carpet just this one more time".

Unbelievable really.
Wow, that is really fucked up.


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post #12 of 21 (permalink) Old 07-01-2008, 02:14 PM
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Quote:
Originally Posted by Rreemo
She attempted suicide a few years back, and even spent a little bit of time in the looney ward on a couple of occasions.
She committed a felony when she bought the gun.

Sorry, sounds like you and your dad are looking for a reason not to blame her for her crime. Maybe in time that will pass, I hope so.
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post #13 of 21 (permalink) Old 07-01-2008, 02:18 PM
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Quote:
Originally Posted by Casper
She committed a felony when she bought the gun.

Ahh, the ole 4473. Forgot about that part.


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f. Have you ever been adjudicated mentally defective (which includes having been adjudicated incompetent to manage your own affairs) or have you ever been committed to a mental institution?


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post #14 of 21 (permalink) Old 07-01-2008, 02:25 PM
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Quote:
Originally Posted by Strychnine
I hate to say it, but I'm glad you posted that
In your first post it seemed like you might be on a witch hunt...
+1

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post #15 of 21 (permalink) Old 07-01-2008, 02:34 PM Thread Starter
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Quote:
Originally Posted by Casper
She committed a felony when she bought the gun.

Sorry, sounds like you and your dad are looking for a reason not to blame her for her crime. Maybe in time that will pass, I hope so.
You might want to re-read my posts further down....she is the ONLY one I'm blaming. Wish I could say the same for my Pop.

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post #16 of 21 (permalink) Old 07-01-2008, 03:08 PM
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Quote:
Originally Posted by Rreemo
...at one point even said "don't worry, you'll only have to buy new carpet just this one more time".

Unbelievable really.

I went to a suicide where the college aged screw-up kid was made to come back home after running from the cops while doing drugs while attending out of state college.

His parents made him move back to a wealthy area of Fort Worth, and his response was to back into his mom's fur closet and blow his brains all over her furs with a 12 guage shot gun.
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post #17 of 21 (permalink) Old 07-01-2008, 04:20 PM
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Quote:
Originally Posted by Casper
She committed a felony when she bought the gun.
I don't think she really cares at this point, probably was never a concern. She bought the gun with specific intentions, and carried them out.

I actually thought about the 4473 when this was brought up, but couldn't remember the form # to look it up to verify that that question was there.

It will take your dad a little while to come to terms. Just be there for him and help him redirect all the blame back at her.

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post #18 of 21 (permalink) Old 07-02-2008, 12:42 AM
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Quote:
Originally Posted by Strychnine
Ahh, the ole 4473. Forgot about that part.
Unfortunately, if she was never commited by a judge, it wouldn't show up.

Give me a dollar.
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post #19 of 21 (permalink) Old 07-02-2008, 04:10 PM
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Quote:
Originally Posted by Rreemo
You might want to re-read my posts further down....she is the ONLY one I'm blaming. Wish I could say the same for my Pop.
Yeah I see that. I didn't mean it as an insult, and it sounds like you are trying to help him keep his head together.
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post #20 of 21 (permalink) Old 07-02-2008, 04:11 PM
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Originally Posted by Gimmeabeer
Unfortunately, if she was never commited by a judge, it wouldn't show up.
True, I was thinking about a state facility. They require committal, even if it is voluntary.
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post #21 of 21 (permalink) Old 07-04-2008, 11:21 AM Thread Starter
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Originally Posted by Casper
Yeah I see that. I didn't mean it as an insult, and it sounds like you are trying to help him keep his head together.
No offense taken man...I just want to be clear that I know who was at fault on this deal....unfortunately the victim wasn't her...it was everyone around her.

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