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Ask Maverick Your Own Question
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 5751
Experience:  20 years professional experience
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I have been wrongfully diagnosed with schizophrenia

Customer Question

Hello. I have been wrongfully diagnosed with schizophrenia and sent to a mental institution. According to federal law, you cannot get a gun if you have been involuntarily sent to a mental institution, but there are ways to work around this piece of legislation. What are they?
Submitted: 6 months ago.
Category: Personal Injury Law
Customer: replied 6 months ago.
If this is not the right place to be asking, where is the right place?
Expert:  Maverick replied 6 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 6 months ago.
No federal law requires States to report the identities of mental health individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers. However, in 2010, Idaho enacted a law that requires mental health records to be sent electronically to NICS. A court making a determination as to an individual’s mental state must also determine whether the individual should be prohibited from purchasing or possessing firearms under federal law when the court orders commitment of the individual to a mental health facility or orders that the individual submit for mental health treatment. The clerk of a court that determines that an individual should be prohibited from purchasing or possessing firearms under federal law must forward a copy of the relevant order to the Idaho state police, which will in turn forward it to NICS. If the above has happened to you, you may submit a petition to the magistrate division of the court that issued the order asking that you now be removed from the NICS database. The petition will be granted if evidence reveals that you are not likely to act in a manner dangerous to public safety or contrary to public interest. If the court grants your petition for relief, the court’s clerk must immediately forward a copy of the order to the Idaho state police, which will in turn forward it to NICS for removal from the database.
Customer: replied 6 months ago.
How do I submit a petition?
Expert:  Maverick replied 6 months ago.
I did not find any free or fee based one on the web for an ID petition. The closest one that I could find for you to use as a GO-BY to draft your own was this one from OR.
Customer: replied 6 months ago.
What happens if my petition gets rejected
Customer: replied 6 months ago.
Can I file again? Can I file in a different magistrate court?
Expert:  Maverick replied 6 months ago.
No, you cannot immediately file again in a different magistrate court as that would create the possibility to two conflicting orders. You may have to wait 18 months or so and reapply. The other option would be to file an appeal to a higher court if you can prove that the judge abused his/her discretion in making the denial.

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