So now what???

[evervigilant]

Re: "Walter "Mike" Thurber". So over 2 years has passed. I have been stigmatized by those who only vaguely know me. How do I find out if my rights are intact without jeopardizing my privacy. Please read former articles from Feb/March 2006 regarding the event that took place.

 

[Zundfolge]

So I'm assuming you are Mr. Thurber? Or are you in a situation similar to the one Mr. Thurber found himself in?


Here is the thread I believe he's referring to.
(its an OLD thread so for the love of God please respond in this one and don't necromance the old thread).

 

[evervigilant]

Granted it is an old thread, but a current question. I just would not to fill out a NICS fed and bring on a s**tstorm. I apologize if my question improperly placed.


WMT

 

[Zundfolge]

So you're basically asking if after this fiasco a few years ago is your good name still good vis a vis NICS? Nope, you're question isn't improperly placed ... this is precisely the place on these forums for your question.

I understand that you don't want to find out you're a "prohibited person" after filling out a 4473 at a gun shop.

I don't know if you can contact NICS and simply ask them.
They're contact info is here http://foia.fbi.gov/nics552g.htm (worst they can do is say no).

You might be able to go to the local police and ask them but I suspect you'll need to get a judge to gain access to the information. So you might contact your local DA's office and ask them if they can give you this information.

My fear though based on the posted story before is this bit; "Police said after the standoff that no crime occurred. However, he was committed for mental health care." If indeed you were "committed" (and committed has a very specific legal definition) than you are indeed a "prohibited person" and will have to get a lawyer and petition the state to have your rights restored. Sorry.

 

[kingpin008]

For those of us not fluent in "cryptic posts" and who have no idea who Mike Thurber is of what he was involved in, care to give a little more information? Some of us have no idea what you're talking about.

 

[Zundfolge]

kingpin, click on the word "Here" in my first post.

 

[evervigilant]

I appreciate the link to the gov site to at least confirm my status. As far as a cryptic post I displayed my name so that if searched would be found. I have never perpetrated a violent crime or more than a speeding ticket. The welfare checks I allude to in the article are initiated by a soon to be ex-wife. Contacting lawyers as soon as got back was fruitless because they all said it would be difficult with the political climate at the time. All I am looking for is advice as to whether if I am breaking the law if I possess a legally purchased firearm.

WMT

 

[LaEscopeta]

All I am looking for is advice as to whether if I am breaking the law if I possess a legally purchased firearm.

I am not a lawyer, so please check out what I say before you believe it. I believe the Federal Law that set up the NICS pertains only to the purchase of firearms, not to any firearms you may have possessed at the time of the fiasco and the legal aftermath, and you still have now. There is another Federal law, passed in 1968 (the exact name escapes me right now) saying people who have been judged by a court to be insane and a danger to themselves or other are prohibited from owning firearms. I think this is the law that concerns you.

If indeed you were "committed" (and committed has a very specific legal definition) than you are indeed a "prohibited person" and will have to get a lawyer and petition the state to have your rights restored. Sorry.

I agree the key word here in “committed.” If your local police sent you to a mental care facility for an observation period, I don’t think that counts as committed, even if they got a judge to sign a court order making you stay there. I think in order to be “committed” in the can’t-own-firearms sense you would have had to have had an hearing before a judge or even a jury trial, where you had legal representation and a chance to cross examine witnesses against you.

Did you have a lawyer at any time in connection to the incident? That lawyer would be the first place to ask, and if you didn’t have a lawyer, or other legal representation I am guessing you are free to own firearms. You could also ask the institute where you stayed afterwards, about what your legal status was when you left. Once you know the legal name for the status, you could ask your Officer Friendly on your local police force.

All of the above is about Fed law; I believe you also have to check Iowa law too.

As an aside, we have all seen old people who lose their ability to drive a car safely but don’t realize it. I hope if/when I get to that point I realize it, about cars and firearms.

 

[evervigilant]

Thank You. That was more precisely the information I was looking for. Although there is definitely a grey area here and I will always check with legal friends. I don't have the financial resources to retain a lawyer nor do I want to dig up old wounds. Enough said.

WMT

 

[Kentak]

The political climate referred to is the situation following the VT shooting and the questions regarding the shooter's mental state. The question was asked over and over as to how someone with a mental illness could legally acquire firearms. So, given that climate, I'm not optimistic about your ability to restore your rights. Of course, you must be truthful on the federal form, and committed is committed. Best wishes.

K

 

[evervigilant]

As to mental illness....make one thing clear. Idealism and disagreement with the powers that be does not make you mentallyt ill. The willingness to not put up with the BS forced upon you will apparently earn you a stay in a re-education facility.

WMT

Peace

 

[Art Eatman]

Looks like this has gone about as far as it needs to.

Art