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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33769
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer Question

Is it legal for a resident of the State of Florida to purchase a handgun from a licensed gun dealer in Florida, if that person has previously been held in a medical facility for evaluation under the Baker Act, while voluntarily under the care of a licensed psychologist and psychiatrist for stress induced depression/anxiety.

This individual had been prescribed a new medication, trazadone, to help with a sleeping problem without the knowledge of her family. After the family observed this individual have an adverse reaction to this medication that included nausea and slurred speech, they called 911 for assistance. When medical personnel arrived, she was transported to a medical facility. She was retained for further observation, despite the fact that her spouse provided clarification to the treating physician regarding the adverse reaction to medication.

This incident occurred over 5 years ago with no recurrence. Moreover, she has successfully completed her treatment with her psychiatrist and has resumed her life as wife and home-maker. She has also been instructed on hand gun safety and operation by her husband, a former Armor Officer, Company Commander and Vietnam Veteran with a Regular Army Commission from West Point, who received a Dishonorable Discharge at the rank of Captain (O-3) on 14 October 1983.
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Has the person ever been legally found to be "mentally defective"?

Was the admittance to the hospital involuntary?
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Thanks
Barrister
Customer: replied 3 years ago.

No.


 


She agreed to be transported to a medical facility, but not to be detained after it was determined that her behavior was due to the unexpected reaction to the new medication.

Expert:  Barrister replied 3 years ago.

Ok, Florida follows federal law with regard to sales of guns to individuals. Under 18 U.S.C. § 922(d), it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution.”
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So if there have been no formal legal proceedings to find the person mentally ill and they have not been involuntarily committed to the hospital, then I would opine that the statute does not apply and there would not be a restriction on them purchasing a firearm.
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After communicating with another expert here at JA, I wanted to clarify that if the person had been involuntarily committed for any length of time, then under the federal law, they would then be prohibited from purchasing or possessing a firearm.

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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher.It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing.There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  Barrister replied 3 years ago.
Hello,
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I noticed you rated my service as "bad". Did you have further questions or need clarification on my answer?
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Thanks
Barrister
Customer: replied 3 years ago.

No rationale was provided for the change, or "clarification" provided to your previous response, nor was the clarification of your response sufficiently definitive to enable me proper understanding of its ramifications wrt my original question. At this point it would require too many questions to provide a full understanding of all ramifications associated with the original response and subsequent clarification.


 


I will not be drawn into such a discourse as it would prove much too costly. Moreover, given the qualifications provided when my question was originally solicited and the parameters for the associated response, which requested a response of "medium" detail, I was disappointed by the brevity of both the initial response and subsequent clarification. Indeed, they merely provided information I could easily access from a myriad of sources.


 


The responses provided would hardly require a Barrister's education or experience. This lies at the heart of my disappointment and resultant rating. I was led to believe that resources provided me by JA would be much more informative than what I was able to identify with a very cursory investigation of the subject matter...


 


As an aside, I just noticed I was provided qualifications and pictorial identification data that does not appear to match the present Barrister, It may be the practice of JA to provide a generic ID in the initial introduction. If so, this should be explained so as to preclude such misunderstandings...

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