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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88713
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In Colorado, Delta County very Rual. If you have been treated

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In Colorado, Delta County very Rual. If you have been treated in another state for substance abuse, 0 criminal charges / court orders, can you apply for a CCW? Does HIPPA Cover that? What are the details on this type of thing.
Submitted: 1 year ago.
Category: Legal
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 the issue on this type of matter is not a state or local issue, it is a federal law issue. The federal law prohibits anyone who has had mental health treatment from possession or purchase of a firearm and it is an exception to HIPAA which contains an exception for release for legitimate law enforcement purposes. In order to get your rights to possess or purchase a firearm, you have to file a petition in court for a certificate of rehabilitation and present a doctor/psychologist expert testimony that you are mentally stable and are not a danger to yourself or others to possess a firearm and the court has to issue an order that you are capable of safely doing so which is then sent to the FBI firearms unit for review and they have the final say on the issue.



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Customer: replied 1 year ago.

Odd, well i had NO court order or legal issues, checked in my self and bought a fire arm in Califorinia with out issue, i also use to carrery a TS Clarence. I had no issues buying one with a back ground check, etc.....???

 

And i should say i did out patient treatment. But 0 issues with DOJ approving me for a fire arm........

 

 

And can you show me a link regarding CA and CO Law about self check in's and it being illegal to buy a weapon, or get a CCW? Minus a Court Order.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response, I thought you were referring to mental health treatment, not plain substance abuse treatment.

Here is the law on mental health treatment, but if all you did was substance abuse, it would not show up because it is not included in the laws.

The law is 18 USC 922, which, again, only applies to mental health commitments.
Customer: replied 1 year ago.

I mean, Yes thats all of course i was diagnosed with anxiety, and deppresion etc.....thats it.

Expert:  Law Educator, Esq. replied 1 year ago.
As long as you do not have a record of mental health commitment as specified in the above statute I provided you, then you would not be restricted. However, the permit issuing is also discretionary to the issuing authority and if they deny a permit, you have a right to an appeal process by filing a petition in the local court and forcing them to present their reasons for denial and you can then present your records proving no mental health commitments were ever found against you.
Customer: replied 1 year ago.

commitment = court order, from what i read? As in a judgment......I'm not a lawyer and i read the entire thing including the definitions, and im not 100% clear....

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

No, commitment does not mean only a court order, it could also be a voluntary admission for mental health treatment, either of those would disqualify someone from having a weapon.
Customer: replied 1 year ago.

That contradicts what you said ealier, i'm sorry this is just a confusing topic -


 


So, entering out patient treatment, you are banned?


 


I'm not sure how i was able to buy a weapon then, unless the dealer was shady, which i semi doubt, but its possible.


 


Or does commitment = entering an in patient program?


 


I mean, so everyone who goes to AA or any out patient counseling is void of their 2nd amendment? That would void millions and millions of american's.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the reply,

You have commitment confused with needing a court order to put you in a facility, that is the problem. A commitment can be a voluntary commitment to a facility and it can also be an emergency commitment, neither of which require any court order, but both would cause a ban on you having a weapon.

Out patient treatment does not qualify, it has to be in patient treatment.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88713
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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