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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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A prior order of commitment for mental health reasons in Michigan

Customer Question

A prior order of commitment for mental health reasons in Michigan that has expired is not a disqualifier under state law for firearm ownership posession rights. Does federal gun law prohibit gun ownership? Under the NICS improvement act of 2007 a state is to provide a remedy for all categories of disquailified persons, including commitments at the state level. Does the state law provide relief from disability or is action needed to satisfy federal law. Would an application to a county gun board be needed to restore gun rights as provided under state law?
Submitted: 3 years ago.
Category: Legal
Expert:  LawTalk replied 3 years ago.
Good morning,

Were you by chance committed for observation, or via self-commitment?

How long were you committed?
Customer: replied 3 years ago.

it was considered an involuntary commitment, wanted to leave the hospital

 

it was a 30 day order was discharged before that time. Does the length of the commitment matter?

Expert:  LawTalk replied 3 years ago.

Good morning,

 

Yes, it does matter for involuntary commitment. 72 hour holds are not typically a problem. Longer holds are generally indicative of treatment, not simply observation, and that is the crux of the issue.

 

The BATF does not consider commitment for observation or self commitment to be a disqualifying factor---as far as the feds are concerned---for the ownership of a firearm.

 

You essentially have to now show that despite the prior hospitalization, that you are not presently afflicted by mental illness. This is most often done by obtaining a recent medical report from a licensed psychiatrist, and submitting it to the licensing agency in your state when you apply for your permit.

 

If you are still denied based on the commitment issue, you will have an appeals process that will be available to you.

 

I wish you the best in 2010.

 

Thank you very much for having allowed me to assist you. Please, remember that I only receive credit for helping you when you Accept my answers. Until then your payment is simply held on deposit. Subscription customers incur no additional charges by Accepting. So, please click the ACCEPT icon. Thanks again.

Doug

LawTalk, Attorney
Category: Legal
Satisfied Customers: 27233
Experience: I am a practicing attorney with more than 30 years of experience in the legal field.
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