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-   -   Legal definition of committed? (http://www.firearmstalk.com/forums/f17/legal-definition-committed-99698/)

ksq72 10-30-2013 04:36 AM

Legal definition of committed?
 
I have a question that I hope someone can help me with. I am a recovering alcoholic with over a year of sobriety. The KY CCW states that someone that has been committed to a treatment facility has to wait 3 years. My question is, mine was a voluntary check in to a treatment center, is that the same?

artbrownsr 10-30-2013 04:54 AM

Quote:

Originally Posted by ksq72 (Post 1417479)
I have a question that I hope someone can help me with. I am a recovering alcoholic with over a year of sobriety. The KY CCW states that someone that has been committed to a treatment facility has to wait 3 years. My question is, mine was a voluntary check in to a treatment center, is that the same?

Sounds like a question for a 2A friendly attorney.

John_Deer 10-30-2013 05:21 AM

You do need to consult a lawyer. Walking into a facility of your own free will is a signal that you are responsible. You recognize that things are out of control. You know you need help. Here in NC, it's involuntary commitment, you were sent there by a judge. But each state has it's own laws.

c3shooter 10-30-2013 05:22 AM

Disclaimer- am NOT an attorney- so my legal advice is worth every penny you pay for it.

C&P from the KY state regs;
Not have been adjudicated as a mental defective or have committed to a mental institution;

As used, that expression denotes a person that has been found by a judging authority to be mentally incompetent (that is the adjudicated part) OR have been committed. The second part is in the usual passive voice- they did not seek care, they were forced to accept care (by another authority). A voluntary request for medical care is not normally held to be a commitment.

A good action might be to contact the KY State Police licensing section, and discuss with them. But will bet you a diet Dr. Pepper that is their definition. Good luck.

Warrior1256 11-01-2013 12:32 AM

I would also recomend that you speak to an attorney concerning this matter. It's way too easy as it is to run afoul of firearm laws.

MisterMcCool 11-01-2013 01:51 AM

Voluntary treatment is not the same as involuntary commitment.

mountainman13 11-01-2013 02:05 AM

Quote:

Originally Posted by c3shooter (Post 1417520)
Disclaimer- am NOT an attorney- so my legal advice is worth every penny you pay for it.

C&P from the KY state regs;
Not have been adjudicated as a mental defective or have committed to a mental institution;

As used, that expression denotes a person that has been found by a judging authority to be mentally incompetent (that is the adjudicated part) OR have been committed. The second part is in the usual passive voice- they did not seek care, they were forced to accept care (by another authority). A voluntary request for medical care is not normally held to be a commitment.

A good action might be to contact the KY State Police licensing section, and discuss with them. But will bet you a diet Dr. Pepper that is their definition. Good luck.

Quoted for best wording/advice.

Axxe55 11-01-2013 02:50 AM

a voluntary admission into a treatment facility is no different than being admited into the hospital for gall bladder surgery. in this situation it's a private matter and is between them and their doctor.

artbrownsr 11-01-2013 08:43 AM

Quote:

Originally Posted by Axxe55 (Post 1419471)
a voluntary admission into a treatment facility is no different than being admited into the hospital for gall bladder surgery. in this situation it's a private matter and is between them and their doctor.

Unless they are VA (Veteran Administration) patients they MUST get permission to be seen outside of the VA and all records are subject to their perusal! and can be used against them in other cases.
Husband of a VA patient.

HOSSFLY 11-01-2013 01:00 PM

Quote:

Originally Posted by c3shooter (Post 1417520)
Disclaimer- am NOT an attorney- so my legal advice is worth every penny you pay for it.

C&P from the KY state regs;
Not have been adjudicated as a mental defective or have committed to a mental institution;

As used, that expression denotes a person that has been found by a judging authority to be mentally incompetent (that is the adjudicated part) OR have been committed. The second part is in the usual passive voice- they did not seek care, they were forced to accept care (by another authority). A voluntary request for medical care is not normally held to be a commitment.

A good action might be to contact the KY State Police licensing section, and discuss with them. But will bet you a diet Dr. Pepper that is their definition. Good luck.

I'll drink to that :)


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