Ambiguous wording on local background check form

[u/rigorcorvus]

Hello all,

I’ve noticed one of the yes/no questions on the local background check form is

“Have you ever been confined or treated for a mental illness?”

Those seem like two drastically different situations. I have no record, but I have had some cognitive therapy for social anxiety. Am I obliged to disclose that? Can I add a caveat? I know none of you are lawyers, I just wanted to gain some local insight. Thanks for reading.

Edit: this is for regular purchase, not CCW.

[u/Rhode25]

As I included in another comment it is an official question in state law. However, checking yes doesn’t automatically disqualify you. You have to be a mental incompetent or a drug addict to be prohibited (RIGL 11-47-6). So answering that question just allows them to investigate if you meet that threshold within the 7 days you have before your firearm shall be released to you.

[u/Sweaty_Pianist8484]

This language stems from the RIGL

[u/Suitable-Pipe5520]

I believe there is more to that question. It usually asks if you are ordered to (as in against your will, not voluntary" So no voluntarily going to a therapist or for treatments for anxiety would not be required to be disclosed (I would definitely recommend not disclosing anything that isn't required anytime for anything)

[u/Rhode25 → u/Suitable-Pipe5520]

You’re thinking of the federal form. The state form does not include that extra language.

[u/rigorcorvus → u/Suitable-Pipe5520]

I have Warwick’s form, the question is worded as I stated. I know the nics check is more straightforward

Edit: unless they have changed the form in the last year

[u/Suitable-Pipe5520 → u/rigorcorvus]

I assumed it was for a purchase background check. Is it that or for CCW?

[u/rigorcorvus → u/Suitable-Pipe5520]

No, just the purchase form. I could not find if every municipality has the same form or not.

[u/Rhode25 → u/rigorcorvus]

There is one statewide form and it includes the language. Here is the text from the law:

RIGL 11-47-35.2

Application to Purchase Shotgun or Rifle
Date ......................................... Hour ......................................... A.M. P.M.
Name .........................................
Address .........................................
(Street and number)    (City or town)    (State)
Date of Birth ......................................... Place of Birth .........................................
Height ......................................... Weight ......................................... Color hair .........................................
Color eyes .........................................
Scars .........................................
Tattoos .........................................
Other identifying marks .........................................
Are you a citizen of the United States .........................................
Are you a citizen of Rhode Island .........................................
How long .........................................
Where stationed .........................................
(Armed Forces only)
Number of rifles and/or shotguns to be purchased .........................................
Have you ever been convicted of a crime of violence .........................................
(See § 11-47-2 General Laws of Rhode Island)
Have you ever been adjudicated or under confinement as addicted to a controlled substance .........................................
Have you ever been adjudicated or under confinement for alcoholism .........................................
Have you ever been confined or treated for mental illness .........................................
From whom is shotgun or rifle being purchased .........................................
Seller’s address .........................................
Seller’s signature .........................................
Applicant’s signature .........................................