"I had a x girlfriend tell the cops I was suicidal which landed me in a mental institution for observation for the least amount of time possible before they released me with no mental disorder diagnosis. I can buy firearms, but have yet to find out if I can get my concealed carry permit (will find out feb 24 though). "
Titan, this is EXACTLY what happened to me (48 hour hold). I can buy firearms no problem. However we'll see about my ccw permit as well, I should find out very soon, I applied about 3 weeks ago. I did get diagnosed with mental depression however and asked to seek counseling for a month. There are cases in federal court where this type is thing is NOT a disqualifier for firearms purchase however.
The law states "not have been found mentally ill and dangerous in the past 10 years". It goes on to say "EPC (Emergency protective custody AKA suicide watch)". does no count.
Not sure what that applies to me, they don't either. I do not even know if I was found mentally ill and dangerous (if this is what they mean by depression). However, regardless, I waited for that 10 year mark for 4 years (this was in early oct 2000) to pass and so I applied 3 weeks ago, figuring either way, if doesn't count or it does, it is out of scope.
The main issue i have is the application asks "Have you
EVER been found mentally ill and dangerous". To which I felt compelled to answer Yes just in case I was found that way. However, the state statute clearly indicates in the past 10 years, the question does not mention this. There is a question about crimes of violence on there as well, worded "have you ever been convited of a crime of violence" but the statute says "in the past 10 years". My guess is they know they have to research it if you answer yes, and it does not auto disqualify.
Fortunately I live in a shall issue state, so if they deny me they have to prove I had formal treatments etc and that will have to become a standard. When I talked the attorney for the state patrol years ago, he said in worst case I'll have to go get cleared by a phsyc. But I will now argue the 10 year limitation.
Here is a link to the app I had to fill out.
http://statepatrol.nebraska.gov/forms/ccw/CCW_NSP1710_Application.pdf
Here's the rules and regs I referred to, which mirrors the statute:
http://statepatrol.nebraska.gov/forms/ccw/CCWRegs.pdf
Page 4, search for "mental", the rule is 005.01F
The action brought against me is called the EPC (Emergency protective custody).
Another interesting thing is this, if I took myself to the hospital, to be treated, does that not count a voluntary comittment?
This rule, seems to mention the federal statute, which I am hoping it is the SAME standard, and if it is then I am good to go.
A promising thing for me is this:
http://www.wowt.com/home/headlines/34057994.html
The chief of police talks about how hes worried someone they took into EPC a few years earlier got a permit. So people are getting them even though they have an EPC.
Same town, something scary, guy gets arrested for lying on the app, which is why I answered that question YES.
http://journalstar.com/news/local/article_a6b9c6f1-f03a-5c66-9b55-fd78014001a6.html
What do you guys think, am I good to go?