Is it legal
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Old 04-01-2011, 07:50 PM   #1
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Default Is it legal

Hello. Sorry to come in here first post and ask a stupid question however I am curious.
I was recently denied a Nebraska Purchase Permit due to some police reports from about 2 years ago that the sheriff said federal law prohibits me from obtaining a handgun.
This is the part of the law she was refering to.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
However I was never committed, or adjudicated a mental defect. One I was taken to the hospital by the police and admitted over night for observation and the other was for mental Health triage from which I was released by an LEO as neither a danger to myself or another.

I cant afford to appeal it right now. So what would likely happen if I let the window expire and try again later?

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Last edited by shagsmcgee; 04-02-2011 at 12:05 AM. Reason: removed a stupid question
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Old 04-01-2011, 08:13 PM   #2
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Originally Posted by shagsmcgee View Post
snip(
This is probably not the best place to ask legal advice; you get what you pay for.

snip

Third, don't wait to fix your legal issues; go on ahead with it if you feel you are in the right and being denied your RKBA.

Fourth, just borrow a firearm for target practice until you straighten things out with your record.

These rules suck, but they are intended to keep the crazies out of the gun shops, and lord knows the lines are long enough already.
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Old 04-01-2011, 08:24 PM   #3
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Sounds like they wish to jerk you around.
You were checked out and released. That should have been the end of it.

What is the appeal process? Almost everything in this world has some form of process for appeal, you need to find out what yours is. Also, don't sit around waiting on this, your window of opportunity may get shut through some rule change or time expiration.

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Old 04-01-2011, 08:42 PM   #4
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I have 10 days from the date of the letter to appeal. So I have about 7 days left to file the appeal with the county court. So I need to file it without a lawyer since I cannot afford the cost of an attorney at this time. As I read the law my interpretation of it is that I need to have been officially committed and adjudicated as mentally ill for the denial to have any weight. The last lawyer I spoke with today said I should file under the Administrative Procedures Act which was the most advice I was able to get out of the dozen or so lawyers I talked to. They all said they would need a retainer of ~$1500 to $2000 to file this appeal for me. So now I am trying to figure out the proper way to file the paperwork myself, however I am having a difficult time doing that as there is very little information I have found on how to properly submit an appeal and the county court is not allowed to assist me in any way in the proper way to draft the document.

Basically I file the appeal and they have 30 days to make a decision.

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Old 04-01-2011, 10:10 PM   #5
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As Gello stated the best legal advice may not be free...

BUT... Simply being admitted by LE for evaluation is a far cry from being held in a facility as ordered by a judge and found insane, incompetent or a danger to yourself or others, etc.

"Those adjudicated as mental defectives or incompetents or those committed to any mental institution". That is key. Unless a Judge orders you to be committed (involuntary), and you're found to be something other than "normal", you shouldn't be disqualified.

You could check yourself in weekly and say you need mental health assistance because you're going through a "rough time", and it's not a disqualifying factor.

If that was the case, you would be disqualified from purchasing ANY firearm, not specifically handguns. Either your Sheriff is grossly mis-or-uninformed, or as stated above you're being jerked around.

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Old 04-01-2011, 11:05 PM   #6
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Here we go again, Please find a lawyer.

The FTF flunked it’s Bar exam.

Only a fool would seek legal advice from a public forum and has a fool for his counselor.

The only thing more stupid than sourcing legal advice from a public forum is providing said advice!

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Old 04-01-2011, 11:25 PM   #7
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Doesn't the NRA brag about flying in and giving legal counsel in these situations? Call the NRA, call GOA, call every gun rights lobbyist group you can find on the Internet until you find one willing to help.

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Old 04-02-2011, 12:03 AM   #8
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well I dont exactly have $2k for a lawyer. I wasnt exactly coming here for legal advice. More opinions than anything. All I'm really wondering now is if I let the 10 day appeal window close is that going to screw me in say 6 months if I try again knowing full well that I will have to appeal and being prepared for it. I had a BG check for my job and nothing like this came up so I assumed I was OK to apply for my permit. Now I'm more or less concerned about what happens if I let the window close this time and try again in 6 months.

as far as the transfer question. Yeah it was a dumb one and I edited it out of the original post.

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Old 04-02-2011, 12:13 AM   #9
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Is it possible to get record copies from the places you were taken, then make a written appeal and provide copies of the records to the County Board to show you were never committed?

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Old 04-02-2011, 01:55 AM   #10
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Quote:
Originally Posted by shagsmcgee View Post
well I dont exactly have $2k for a lawyer. I wasnt exactly coming here for legal advice. More opinions than anything. All I'm really wondering now is if I let the 10 day appeal window close is that going to screw me in say 6 months if I try again knowing full well that I will have to appeal and being prepared for it. I had a BG check for my job and nothing like this came up so I assumed I was OK to apply for my permit. Now I'm more or less concerned about what happens if I let the window close this time and try again in 6 months.

as far as the transfer question. Yeah it was a dumb one and I edited it out of the original post.
consult your local district attourney's office
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