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Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16379
Experience:  13 years experience in criminal law, BA in criminal justice
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Hi I have a few questions. I was hospitalized in two mental

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Hi I have a few questions. I was hospitalized in two mental hospitals in the late 1990s.
The hospitals dont have many records left most are destroyed after 10 years. anyhow i did notice i was originally admitted on a 72 hour hold on both occasions. I understand that this is temporary and in one of these incidents i signed in the next day as voluntary. the other hospital stay doesnt show any more information.this happened both in colorado. anyhow I contacted the district court in adams county and the judges assistant said there are no records in adams county or adams county district courts of any records or in fact in the state of colorado mental health records on me. my question is do the drs or cops are they the ones who initiate this and do they file with the county or state on 72 hour holds. I never went to court on this for an adjudication or committment and was not aware of them. if i go fill out an atf 4473 and mark no will a 72 hour hold or 72 hour committment be considered a court ordered involuntary committment or mental adjudication. and say just because no records still exist and arent reported in county or district court records of a 72 hour holod. will that keep me from buying a gun under state or federal law on an atf form 4473 background check. the problem is i dont know the answer to the question of the 72 hour hold precluding me from buying a gun. could you get back to me asap on this. XXXXX XXXXX

Hello Gary -


In a situation where there is a 72 hour hold, it does not go to court and it is not adjudicated -- the police and/or the doctors have the right to simply order you to be held or hold you in a facility for the 72 hours without any involvement or permission from the courts by determining that you may be a danger to yourself or others for that short duration. When a case goes beyond the 72 hours if the police or the doctors want to hold you longer than that, then they must seek the permission of a court in order to commit you for a full civil commitment. Other than that, there is no additional filing with any county or state because there does not have to be before the 72 hour mark. If the question asks if you have been the subject of a court ordered commitment hearing or adjudication (which is also a court hearing), then you can legally mark the question "NO" because you were not and would not have been the subject of a commitment hearing or adjudication if none of your hospitalizations went beyond the 72 hours. However, if a question asks if you have ever been hospitalized in a mental treatment facility (or any question similar to that), you are required to answer that you have been hospitalized for such issues.


Please let me know what further questions you have.




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Legalease and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

did you just get my last question to you about what paul said about lifting of involuntary committment and dont have to answer that question of committment and the fact that i was understood a voluntary admission or you voluntary admit your self is not the same as a committment and you dont have to answer that on a atf 4473

Hi Gary --


I am going to go to your new question and review it and answer it there (and close this one). I will also review your earlier question and answer session with Paul. Please bear with me for a few minutes -- I am just going to run to the kitchen for a sandwich and will be back in about 15 minutes -- I am online all day so will get back to you very shortly. THANK YOU !!