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Involuntary Commitment

Discussion in 'Legal' started by HeyCO, Mar 16, 2013.

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  1. HeyCO

    HeyCO New Member

    First of all, I am on an iPad and in a hurry, so I apologize if I am posting a new thread contrary to rules and contrary to desires. I have a situation and am very confused about it.
    Here it is: 14 years ago I was transported by a police officer to an ER because I was drunk and depressed over a recent breakup with a girl. I spoke with a Dr. I advised I was not suicidal nor homicidal and had no ideals of wanting to die or hurt anyone. He then decided that he wanted me to admit myself to a hospital where they had a section for mental health in-patient treatment.I declined.He then involuntarily committed me. Since that point in my young life I have obtained a degree in criminal justice, bought many firearms, had a permit to carry concealed for over 8 years, and now work as a corrections officer. I attempted to purchase a rifle and was declined. The FBI told me it was due to that original 72 hour commitment where the psychiatrist then discharged me due to having to reason or desire to admit me beyond the 72 hour hold to have me assessed. Now my life and job and freedom are in jeopardy. I repeatedly denied any desire for suicide or harming anyone during my stay. I was released without any medications, or stipulations. I am now being treated suddenly like I am worse than a murderer and will probably lose my job and have already been deprived of constitutional rights both during what I believe was a flagrant "jailing" of my person and now with regard to my rights to both purchase and apparently own firearms for self defense regardless of the fact I have been doing both for 10 years and am a law abiding an citizen and correctional officer. I own firearms and although my ccw permit out of west virginia is no longer valid as of about a week ago due to having moved to KY and changed my license over, I have had one for about 8 years. I have carried and owned and shot and purchased all typed of firearms over the last decade without so much as being delayed. Now suddenly I am being denied for an involuntary commitment occurring in the late 90's or early 2000's. I don't specifically remember the date. I am even unsure by the FBI response to my reason for denial request as to how to even get the information for the 3rd party state I lived in many years ago when the issue occurred.
    Please, I realize I am new here, but my wife and child and myself are desperate to prevent another issues causing us to be homeless again. I am just now rebuilding our life after losing our home in wv which caused our move to ky. Now, I am facing a complete destruction of both my time put into a criminal justice degree, my job as a deputy jailer, and our life and apartment. Any help is appreciated. Otherwise, I have basically failed my family again. I can't face that again. Thank you in advance for any assistance given, and again I apologize if in my haste and desperation I have misposted or incorrectly posted.
  2. GlowinPontiac

    GlowinPontiac Well-Known Member

    Dosent look good. You were involuntarily comitted. Although it was by a doc and not a judge. Had you gone voluntarily this would not be an issue.

    I believe you should never have been comitted. You stated no desire to harm yourself or others. Sound like a doctor looking for more paitents so he can make more money.

    Sent from my C5120 using Tapatalk 2
  3. joeschmoe

    joeschmoe Well-Known Member

    IMHO, edit.

    Talk to a firearms lawyer.

    IMO, this is one of the goals of the anti's. To keep reducing the number of people who "qualify" for "rights". I don't believe people should lose their rights forever. If they are so dangerous they should be kept locked up. Not let them out and pad the walls of rest of society to accommodate them.
    Last edited: Mar 16, 2013
  4. sonick808

    sonick808 Well-Known Member

    I was under the impression that an observation period (usually up to 72 hours) was NOT the same as being deemed mentally unfit by a judge.

    You never saw a judge ? Otherwise it seems unlikely that a hold and discharge would end up on the FBI's radar. I would suggest you contact the instructors in your area and look for lawyer suggestions. Hopefully someone else can add more substance to this
  5. HeyCO

    HeyCO New Member

    No Judge

    No, there was no judge involved. Only a police officer, an ER Doc, and then a stay at a hospital for 3 or less days, then a psychiatrist and my release.
  6. hypnotrader

    hypnotrader Member

    If you don't mind, what was the original state? I am guessing Pennsylvania.
  7. Old Fuff

    Old Fuff Well-Known Member

    NICS, or whoever declined your purchase of a rifle, had to get a report from someone. Involuntary Commitment usually requires a judge who issues an order. If you can, check to see if the hospital where you were held has any records on the incident. if so, get copies. Then go see a lawyer.

    Given the time that has gone by with no negative incidents, all hope is not lost. you have a right to appeal the rejection considering the circumstances around it.
  8. sonick808

    sonick808 Well-Known Member

    according to anecdotal internet research, a 72 hour hold does not rise to the federal level regarding "mentally unfit".

    It almost seems as if there was a mistake in detail/disposition made on your files. I've only heard of California actually taking away guns due to an involuntary hold, and that expires after months or years depending on the circumstance.

    Were you a minor or adult at the time of the hold ? Also, what was the state you were held in ?

    Ask your area instructors for a good lawyer referral.

    Again, YMMV, I am not a lawyer, etc. etc.
  9. limpingbear

    limpingbear Well-Known Member

    What state did this occur In?
  10. HeyCO

    HeyCO New Member

    Exact FBI response quote

    "...under title 18, United States Code, Section 922 (g) (4) : a person who has been adjudicated as a mental defective or who has been committed to a mental institution."
    I haven't ever had another instance prior to or since the already explained incident. As such I know they are referring to the only incident I have been involved in.
    I'm looking into all options...but am coming up short of exactly how to proceed.
    I'm thankful for all replies/info. Sincerely.
  11. HeyCO

    HeyCO New Member

    Inv Hold

    I was an adult. I don't even remember the exact year it occurred due to it being so long ago. I believe it was somewhere between 1999-2002.
    It occurred in PA. Since then I've literally bought dozens of sidearms and rifles, and had a permit to carry from 2005-2013 when I switched my license over to a new state and thus made my in-state WV permit invalid.
  12. sonick808

    sonick808 Well-Known Member

    it almost sounds like a mistake was made during some sort of data entry procedure if you've undergone prior successful NICS checks.

    Navigating the morass of paperwork and phone calls is not for the weak or lacking determination.

    I wish you the best, sounds like you're getting the shaft based on someone's error. Again, I would ask local instructors for a lawyer recommendation.
  13. Frank Ettin

    Frank Ettin Moderator

    This is not the place to come for help with a real life, serious, personal legal problem. The OP needs his own, qualified lawyer.

    1. Chances that there's no one here who can really help.

    2. We don't have all the information we'd need. And the OP should not be providing any more personal information to us here.

    3. What the OP discusses with his own lawyer is confidential. What he posts here is not and is accessible to everyone in the world with an Internet connection.

    4. One should not be discussing real life, serious, personal legal problems with a bunch of strangers in public.
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