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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27086
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Fran, a question regarding what constitutes "involuntary

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Hi Fran, a question regarding what constitutes "involuntary commitment" ... Several years ago I tried to kill myself, the court petitioned for fourteen days of involuntary treatment. At the time of the hearing, however, I asked to go voluntary, so even though an order for "involuntary treatment" was signed, it was a) an 'agreed' order, and b) for outpatient treatment only ... in fact the paragraph on the order which specifically states I have lost my right to bear arms is stricken (ie crossed out) from the order ... The clerks office is denying my CPL because they are saying I have been involuntarily committed...are they wrong?


Thanks for requesting me, and sorry for the delay. I had to take a phone call that ran overlong, and when I got finished, there were a few follow ups waiting for me before I could tackle this one.

Your right to bear arms is fundamental -- granted by the Constitution. Your right to a permit, on the other hand is discretionary. It's at the will of the licensing authority and they do not have to give you one if they don't feel it's appropriate.

However, your position is correct. If you never were mandated to in-patient treatment, and you never lost your rights in the first place, you should be eligible to apply for a permit.

There are lawyers who specialize in pardons, expungements and the restoration of civil and gun rights. You should look for one and appeal the decision against you. If it came from the state level, you'd have to appeal it with the authority that made the determination. If it came from the Federal government, you would appeal that with the firearms division of the FBI. You can see how to do that here.

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Customer: replied 3 years ago.

Hi Fran,


Your opinion is exactly what my lawyers think - we're taking the idiots to court. This happened in WA state, BTW.


I've never been adjudicated 'mentally deficient' (as defined by gravely disabled and / or a harm to myself / others) - this adjudication was avoided because I voluntarily submitted myself to the will of the court (this is what I meant when I said 'agreed order') net-net, I voluntarily committed myself for outpatient treatment. I don't think there is ANYTHING in the federal statute which says I'm ineligible by this...I'll let you know what happens in court once my motion for clarification is judged...thanks!


Nice response, BTW! :-)

Thanks for the kind words, James. Makes my morning.

Let me know what happens in court, and good luck.