Involuntary Hold Question

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  • bmwkingston

    Plinker
    Rating - 0%
    0   0   0
    Mar 31, 2017
    3
    1
    Fort Wayne
    This is a question is probably for any attorneys of law who may know the answer.

    When I was just over the age of 18. I was involuntarily admitted into the psych portion of a hospital in Southern California. I was in foster care at the time, and my mother had passed away. My foster parent and my social worker were understandably concerned for my welfare as it was perceived I was a threat to myself (and only myself). I was released after 72 hours and signed several pieces of paperwork, including one that said I would not try to purchase a firearm for the next 5 years. As far as I am aware, I was never submitted by a person of law, whether that be a police officer, judge, etc.

    I am almost 26 now, and living in Indiana (5 years has obviously passed). My uncle has been a long time gun owner, and I would like to at least be able to purchase one and have one at home, but also potentially conceal carry if I am legally allowed to do so. I've done a bit of my own research. This included California laws in regards to similar cases, contacting local ATF, and a local fire arm dealer. All have seemed to point out a grey area. The local firearm dealer wasnt sure without running a background check. Local ATF was under the impression that I probably dont have any restrictions or prohibitions, but recommended I do a little more research before attempting to buy. It was also mentioned just because nothing actively showed up HAD he looked, that didn't necessarily mean I didnt have a federal restriction.

    Long story short, and short of getting a background check, does anyone knowledgeable of firearm law know what my next step should be? Do I just go in and try to purchase and go through the background check? I know that one of the questions will ask if I was adjudicated mentally incompetent or admitted into a mental institution. Which only raises more questions. Is the psych ward of a hospital classified as a mental institution legally? How does the California 5 year restriction apply? How do I answer the question if it isn't legally considered a mental institution? I guess I'm at a loss.

    Should I need to take legal action to restore my firearm rights, I am open to this option. But I want to make sure they weren't automatically restored after 5 years.

    Any help or advice is greatly appreciated. Thanks for the time.
     

    hog slayer

    Expert
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    0   0   0
    Dec 10, 2015
    1,087
    38
    Camp Lejeune, NC
    Rule#1: never call the police on yourself

    You don't even know if you'll have a problem. Why don't you go pick up a nice glock and come back to tell us how you enjoy it?
     

    bmwkingston

    Plinker
    Rating - 0%
    0   0   0
    Mar 31, 2017
    3
    1
    Fort Wayne
    You actually have a great point there with your response. I went and picked something out and didn't have any issues federally, to be vague. Looks like everything is okay. Thanks for everyone's time.
     

    Expat

    Pdub
    Site Supporter
    Rating - 100%
    23   0   0
    Feb 27, 2010
    110,383
    113
    Michiana
    You have to answer question 11.f. on the 4473

    Question 11.f. Adjudicated as a Mental Defective:
    A determination by a court,board, commission, or other lawful authority that a person, as a result of markedsubnormal intelligence, or mental illness, incompetency, condition, or disease: (1) isa danger to himself or to others; or (2) lacks the mental capacity to contract or man-age his own affairs. This term shall include: (1) a nding of insanity by a court in a criminal case; and (2) those persons found incompetent to stand trial or found notguilty by reason of lack of mental responsibility.
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    9   0   0
    Mar 9, 2008
    48,087
    113
    Lafayette, Indiana
    bmw, welcome to INGO. Your threshold question is thus: who sent you to your "involuntary committment" and what transpired after this episode.

    It is within your best interest to seek advice of an attorney (this means an office visit and paying money, not free advice on the net). I have names for you in Fort Wayne if you so desire.

    Please do not attempt to purchase a firearm until you have a definitive answer.
     

    bmwkingston

    Plinker
    Rating - 0%
    0   0   0
    Mar 31, 2017
    3
    1
    Fort Wayne
    I appreciate all the responses and advice.

    I contacted necessary parties in regards to my situation just for clarity. Naturally I explained more in depth to them then above.

    As Kirk has mentioned, the key factor ended up being: Who placed the hold and what happened after.

    No one of legal authority placed the hold, and after evaluation, nothing further ever happened. The second pertaining factor, as far as the federal government is concerned, was that it has been at least 5 years (as per California regulation) since the incident with no further issue. So, at least in my case, I am fine. There is still record of the commitment, but in my case, it does not prohibit or restrict me from purchasing or owning a firearm as all "penalties" were served and I wasn't declared mentally incompetent. Further, I was never declared a threat to other persons or myself.

    Thank you again for the support and advice, friends. I'm happy to be apart of such a community. Thanks for the add.
     

    Bapak2ja

    Master
    Rating - 100%
    10   0   0
    Dec 17, 2009
    4,580
    48
    Fort Wayne
    :welcome: 2 :ingo:from another resident of the Fort. Our numbers continue to grow, so it makes me wonder about another FWA :ingo: meet, shoot and eat. Could be fun.
     

    RobbyMaQ

    #BarnWoodStrong
    Site Supporter
    Rating - 100%
    35   0   0
    Mar 26, 2012
    8,963
    83
    Lizton
    Thanks for sharing your experience!
    Others may come here in the future seeking similar answers, and while every situation is unique, at least your situation is out there for others to learn from!
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,869
    149
    Valparaiso
    I appreciate all the responses and advice.

    I contacted necessary parties in regards to my situation just for clarity. Naturally I explained more in depth to them then above.

    As Kirk has mentioned, the key factor ended up being: Who placed the hold and what happened after.

    No one of legal authority placed the hold, and after evaluation, nothing further ever happened. The second pertaining factor, as far as the federal government is concerned, was that it has been at least 5 years (as per California regulation) since the incident with no further issue. So, at least in my case, I am fine. There is still record of the commitment, but in my case, it does not prohibit or restrict me from purchasing or owning a firearm as all "penalties" were served and I wasn't declared mentally incompetent. Further, I was never declared a threat to other persons or myself.

    Thank you again for the support and advice, friends. I'm happy to be apart of such a community. Thanks for the add.

    Be that as it may, still:

    ...It is within your best interest to seek advice of an attorney (this means an office visit and paying money, not free advice on the net)...
     
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