How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89537
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My question pertains to Missouri, In 2011 I was Placed into

Customer Question

My question pertains to Missouri, In 2011 I was Placed into a mental health hospital, on an involuntariy admission, 92-hr hold. IT was later changed to a 21-day. At the time I had asked the lawyer that was representing me for the 21-day hold hearing if it would have any impact on my 2a right. he said it would not. I then told him, because I felt I needed longer stay in the hospital, that I would not fight this if it had no impact on my rights to firearms. However at the 21-day commitment procedure the judge lady overvideo camera, asked if I had a CCW I sad no, she said if I did I would be required to return it to the state/county. I was never asked about guns if I owned any or planned to own any. I was never told I was now restricted from owning a gun. However from research that I have done, I have read online that this commitment may have legally marked me as a restricted person, although the lawyer said at that time it would not.
My question is If I go to try to buy a gun would I be committing a felony ? unbeknownst to my knowledge, would I be denied ? And if so I have read there is a way to restore the rights after such a commitment.

So basically I want to know am I now, because of that lawyers possible poor judgement prohibited from owning firearms, and is there anything I can do about it? Like sue that lawyer for lieing ? or not having proper knowledge to represent me ? I ask because In the past my line of work has involved me carrying a firearm for duty. And if I were to return to work I would like to work in what I have done in the past considering I have about 10 yrs work experience doing so.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that if you have any involuntary commitment on your record, you would be denied purchase of a firearm under the federal law. You going to purchase a gun is not a felony, but your failure to disclose the involuntary commitment would be a felony.

If your attorney did not properly represent you and did not properly advise you about the loss of firearms rights under federal law, you could indeed sue him for malpractice for this. Additionally there is a method to get the prohibition lifted and it requires going to court with psychiatric testimony from your doctors and your mental health records to prove that the conditions leading to the involuntary commitment no longer exist and you are not a danger to yourself or others and the court issues an order of rehabilitation which is then sent to the FBI firearms unit so that when you purchase a firearm and your records are checked the purchase would not be denied.

These are your recourses for resolving this matter legally.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89537
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Also how would a find a lawyer to take such a case what type of lawyer would I be looking ? I contacted one criminal law lawyer and they stated they didn't handle firearm restoration rights.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

You would be looking for a civil rights attorney, since firearms are a civil right, or a mental health attorney. Generally, those are the types of attorneys that handle these types of appeals and you would use the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org
Customer: replied 1 year ago.


Okay thanks, Also How would I go about setting a malpractice in motion against the lawyer whom told me 21-day hold would have no effect on my 2a rights ?


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
For a legal malpractice case, to sue in civil court, you would need a legal malpractice attorney, which would be separate from your restoration of rights case.

You can also file a claim of malpractice against the attorney with the MO State Bar disciplinary counsel, but they will merely take internal action to determine if he violated the rules of conduct regarding your representation, which can be used as evidence in the civil suit you file against the attorney.
Customer: replied 1 year ago.


Okay thank you, I tipped you :) as I messed up the rating thing.


 


Also on a side note. If for instance I was given a firearm by an individual would I currently be breaking the law by having a firearm in my control, while this mess is being sorted out ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you VERY MUCH, I appreciation your honor.

Yes, you could be violating the federal law if you possess a firearm with the mental health commitment.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.