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I have no criminal record, but recently discovered a

I have no criminal...

I have no criminal record, but recently discovered a committment order filed 13 years ago and sealed. I had attempted to buy a .22 pistol and was denied by NICS

Lawyer's Assistant: In what state did this occur?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

I have a personal attorney who might refer me to a friend of his with some firearms law background, but I am discovering that the preponderance of information is about people with criminal records

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much does this cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Criminal Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

I was pretty shocked about this and I mostly want advice on what to do next.

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Answered in 4 minutes by:
9/11/2017
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Customer reply replied 9 months ago
I requested the judge to release a copy of these records to me. Many of the allegations were not true or heavily embellished.

Other than being advised that your application was rejected has anyone else contacted you about this matter?

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Customer reply replied 9 months ago
I have a hearing issue. I will understand you more clearly in text

If you receive an email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Other than being advised that your application was rejected has anyone else contacted you about this matter?

Were you aware of anything to do with the commitment? In other words were you served with papers, did you attend a hearing, etc.?

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Customer reply replied 9 months ago
I appealed the denial of the right to buy the firearm online and have a letter from the Dept of Justice which led me to discover these committment records.
Customer reply replied 9 months ago
I had no idea that a committment was involved until I got those records from the courthouse.
Customer reply replied 9 months ago
I had a half sister who had repeatedly tried to get me to invest in half of her bed and breakfast for about 175,000.00 and I had refused. I had a neighbor who had an axe to grind. I had a multimillion dollar wrongful death suit pending about my husband. My sister consulted her lawyers about gaining guardianship.

You state that you had no idea that a commitment was involved but were you aware that someone was challenging your mental fitness back at the time it was being challenged? Were you served with papers, notice of hearing, or anything?

Were you ever actually in an institution of any type due to a question as to mental fitness?

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Customer reply replied 9 months ago
but the pair of them had had me picked up on mental health warrants repeatedly. I simply would sign in and wait to get released.
Customer reply replied 9 months ago
The last time apparently was this committment. It was a facility with a bad reputation so I just figured I was there longer so they could milk insurance.
Customer reply replied 9 months ago
Utlimately, the local police dept told my neighbor that she was bordering on harrassment, and my sister stopped when I had my attorney draw up directives from me as to who would be my guardian if I were ever declared incompetent, who would have my medical power of attorney, etc. My sister was not named ;)

Based on the laws, both federal and Texas, a commitment by a judge to a mental facility is a disqualifier for making a purchase. there are some due process issues in that if a mental health warrant was issued without you having a chance to defend yourself then you can challenge that excluding you from gun ownership. However, at some point it is almost certain you will have to challenge it in court. Filing your appeal was the correct first step but I've never seen one work and an initial appeal reverse the denial under facts similar to yours so you are probably going to have to retain an attorney to challenge the matter in court at some point.

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Customer reply replied 9 months ago
As most of these firearms challenges relate to criminal records, how shall I find someone who can help me with this locally?
Customer reply replied 9 months ago
I have no criminal record.
Customer reply replied 9 months ago
When I got the copy of the records from the court, I also requested the form for legal redress. After reviewing it I realize I probably am going to need an attorney.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Criminal Defense. Either of those will have the skill set you need.

There is very little difference in challenging the denying based on mental fitness as opposed to based on an incorrect criminal history. The wording is slightly different but conceptually they work the same. In your case it sounds like there is going to be an additional Due Process argument which will require the attorney to do some legal research and brief the issue since it includes both federal and state law.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 34,389
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Dwayne B. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you. I feel that you have answered my question.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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