Should Mary H. be permitted to possess firearms? You can see why reasonable minds might well differ on the right result.
On the one hand, there's the reason Mary H. got committed to the psychiatric facility in the first place. We could summarize the facts by simply saying that she's got (or at least had) a problem. But it'd be even more informative to recite the actual facts, which are these:
"On the morning of August 24, 2014, Mary baked cookies for her boyfriend and his
students. She phoned her boyfriend and visited his workplace but was unable to get in touch with him. Upset, Mary returned home, drank two shots of tequila, and overdosed
on Zofran and Percocet. At or around 2:30 p.m., she called her adult daughter in Ohio
and stated “[s]he was feeling depressed,” “no one care[d] for her,” “she was going to end
her life,” and “she can’t handle [her boyfriend].” At or around 5:30 p.m., a tearful Mary
called her daughter again and reiterated she was “feeling anxious” and “ending her life.”
Mary’s daughter phoned Mary’s boyfriend who contacted 911. A sheriff’s deputy and
paramedics arrived at Mary’s home, where Mary confirmed she tried to harm herself. In
particular, she told paramedics, “ ‘[N]o one cares for me so I wanted to end it.’ ” Mary
was transported to Kern Medical Center (KMC), where she became apneic in the
emergency room. Her condition eventually stabilized following oxygen supplementation,
intubation, and intravenous administration of Narcan. Mary informed an emergency
department physician “she was actively trying to commit suicide.”
In an August 26th phone call with KMC staff, Mary’s daughter related Mary
exhibited symptoms of depression for at least 10 years.3
She also had frequent mood
swings and “strange thoughts in her mind [she] thinks . . . are for real.” Prior to the most
recent suicide attempt, Mary had tried to kill herself via drug overdose on four separate
occasions. Nevertheless, she “thinks she has no psychiatric problems and refuses to see a
doctor for it.”"
Yep. That's a problem. That'll get you a 72-hour psychiatric hold. At a minimum.
Plus, once she's at the facility, it's not like she's completely cognizant of the relevant issues:
"In an August 26th phone call with KMC staff, Mary’s daughter related Mary
exhibited symptoms of depression for at least 10 years.3
She also had frequent mood
swings and “strange thoughts in her mind [she] thinks . . . are for real.” Prior to the most
recent suicide attempt, Mary had tried to kill herself via drug overdose on four separate
occasions. Nevertheless, she “thinks she has no psychiatric problems and refuses to see a
doctor for it.”"
That doesn't exactly show deep understanding of the problem.
That said, once she's released, she thinks she can handle a gun or two. She says:
“I am not a danger to myself or others. And I live in Caliente out in the
country, and we have rattle snakes, and I had to kill one in July. [My
boyfriend] has a gun and I would like to be able to have the guns out. We
have them all locked up. [¶] . . . [¶]
“. . . I’m currently seeing a pain specialist and getting acupuncture so
I am getting my pain management under control. I don’t have any
prescription for any narcotics. I take Excedrin migraine . . . . The
prescription that I overdosed on was filled in Ohio in March of 2012. I
don’t take them very often so I saved them and the hospital confiscated that
and destroyed them. I have no prescription. I have no more narcotics.
[¶] . . . [¶]
“. . . I have not dr[u]nk. I drink very seldom. And since this
episode, I will not drink alcohol ever again. I’m allergic to a lot of stuff
and I react to it. I’m sensitive to substances. [¶] . . . [¶]
“. . . We had just moved from Tehachapi to Caliente. I lifted a lot of
boxes. I have . . . three herniated disks in my back, and I hurt real[ly] bad.
I took the [Percocet] pills, and I accidentally drank alcohol and mixed them,
which I have never done before and this episode happened. It was purely
accident[al]. [¶] . . . [¶] . . . I drank it and I didn’t think about taking the
Percocets. . . . I didn’t think about mixing, you know, I usually don’t drink.
[¶] . . . [¶] . . . I was upset and had a drink.”
Okay. So do you let her have guns now?
The trial court says No. The Court of Appeal affirms.
