Criminal Law Questions? Ask a Criminal Lawyer.
Hi,Thanks for requesting me, and sorry for the delay. I had to take a phone call that ran overlong, and when I got finished, there were a few follow ups waiting for me before I could tackle this one.Your right to bear arms is fundamental -- granted by the Constitution. Your right to a permit, on the other hand is discretionary. It's at the will of the licensing authority and they do not have to give you one if they don't feel it's appropriate.However, your position is correct. If you never were mandated to in-patient treatment, and you never lost your rights in the first place, you should be eligible to apply for a permit.There are lawyers who specialize in pardons, expungements and the restoration of civil and gun rights. You should look for one and appeal the decision against you. If it came from the state level, you'd have to appeal it with the authority that made the determination. If it came from the Federal government, you would appeal that with the firearms division of the FBI. You can see how to do that here.
Your opinion is exactly what my lawyers think - we're taking the idiots to court. This happened in WA state, BTW.
I've never been adjudicated 'mentally deficient' (as defined by gravely disabled and / or a harm to myself / others) - this adjudication was avoided because I voluntarily submitted myself to the will of the court (this is what I meant when I said 'agreed order')...so net-net, I voluntarily committed myself for outpatient treatment. I don't think there is ANYTHING in the federal statute which says I'm ineligible by this...I'll let you know what happens in court once my motion for clarification is judged...thanks!
Nice response, BTW! :-)
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