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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I had a FFL 10 years. In 2012 I was admitted voluntarily as

Customer Question

I had a FFL for over 10 years. In 2012 I was admitted voluntarily as an in-patient for depression. I was initially told I was going to be there for two weeks but when I checked in they told me it would be a month. I requested to leave and they would not allow me to and I signed a document requesting to leave. They advised me that it would go through Probate Court and I would need a lawyer. Frustrated I signed another document indicating I would stay voluntary. However, in February of 2015 I tried to renew my license and was denied because the ATF indicated my stay for depression was voluntary. I received records from the hospital indicating I went to court and meet with an attorney which is false. I never attended court to present my side of the story nor did I ever meet this attorney. I would like to have my FFL restored as well as my right to purchase firearms in the future. I never had any trouble before I had the FFL or while I had the FFL for 10 years. This once instance from my stay at the hospital has ruined my rights. Can you help me?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I'm unsure why you would be denied if they are stating it was a voluntary commitment.

A person is “committed to a mental institution” if that person has been formally committed to a mental institution by a court, board, commission, or other lawful authority. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as drug use. The term does not include a person in a mental institution for observation or a voluntary admission.

I suggest you consider contacting the ATF Firearm Disabilities talk to them about the denial and if need be file an appeal.

Expert:  Sam replied 1 year ago.
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I suggest you tell them you Voluntarily admitted (Do not say committed.) yourself in and what the year was, tell them Per 27 CFR 478.11, adjudicated as a mental defective is a determination by a court, board, commission, or other lawful authority that a person, as a result of a marked subnormal intelligence, or mental illness, incompetency, condition, or disease:

(1) is a danger to himself or others; or

(2) lacks the mental capacity to contract or manage his own affairs. Further, this term includes:

(1) a finding of insanity by a court in a criminal case; and

(2) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.

AND that it does not include those who was admitted voluntarily.

Expert:  Sam replied 1 year ago.

Tell them you had the FFL for 10 years and have now been denied. Ask them how you can file for the appeal with Firearm Disabilities.

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