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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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I am a Virginia resident now 21 years old. When I was 16 I

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I am a Virginia resident now 21 years old. When I was 16 I was subject to a temporary detention order and sent to a mental health hospital. I signed a voluntary admission form a few days later, and was released from the hospital after being there for only 7 days. I was never diagnosed with any mental defficiency and have not been in trouble with the law or have had any other issues with mental health. Do I no longer have the right to bear arms? If so, how can I get my gun rights restored in Virginia?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 4 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney, former Assistant District Attorney, and member of the American Bar Association.

 

The simple answer to your question is this: you still maintain a right to own a gun in Virginia. H.R. 2640 requires states to report "involuntary commitments" and "adjudications" of "mental defectives" to the Attorney General for inclusion in FBI NICS checks. The law does not include you because you were admitted on voluntary basis and you have never been adjudicated as in need of mental health treatment. In other words, you have never been ordered to undergo involuntary mental health treatment by a court in Virginia. Therefore, you maintain the right to own a gun and a check on your record should not show any history of your short stay in a mental health hospital.

 

I hope this helps! Please, click "Accept" if you found my answer helpful so I may recieve credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!!

Customer: replied 4 years ago.

The problem I have is that although I signed a voluntary admission form. I was still sent to the hospital against my will and parents will (which appears to me to be involuntary). I was taken to the police dept. and met with a cousulor who issued a Temporary Detention Order, then taken to the hospital. On the FFL form it asks specifically have you ever been subject to a temporary detention order, and subsequently agreed to voluntary admission (which is exactly what I did). I am afraid that by checking yes in that box that I will be automaticlly denied. I have also read that under the new laws due to VA tech shooting, that they are a lot more strict, and that an individual under a TDO that then signs voluntary admission still counts as a disqualifier.

 

I greatly appriciate your response, I just wanted to clarify that before signing the voluntary admission, I was sent against my will under a TDO. I am not sure if that makes a difference between being voluntary or invlountary.

 

Thanks for your help!

Expert:  A.S.B., Esq. replied 4 years ago.

I understand. Well, obviously, my first piece of advice is to answer any and all questions on the FFL honestly and accurately so you do not find yourself submitting a false declaration.

 

You will not be automatically denied the purchase of a firearm because of your situation. The law does not read an individual under your circumstances cannot own a gun. The change in the law is in response to the Virginia Tech shootings a few years back. The law is meant to red flag individuals who have been court committed; nothing more. Even these individuals are still able to purchase firearms in many circumstances.

 

Just be sure to answer the questions accurately to save yourself any future trouble!!!

 

Again, I hope this helps. Please, click "Accept" so I may receive credit for my response. :) Good luck!!!

A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience: I am an Assistant District Attorney, and former criminal defense attorney.
A.S.B., Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Great! It is good to hear that my second amendment rights haven't been taken away. This issue has been bothering me for a long time now and I have been looking for the answers all over the internet and getting mixed reviews. I am glad I finally got a straight answer from someone who knows what they are talking about. I couldn't thank you enough for the good news, and speedy responses.

 

Take care.

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