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Is it legal


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Old 04-02-2011, 02:43 AM   #11
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What happened to you is called a POEC in Texas. A Peace Officer's Emergency Commitment. It is a commitment, but I was not aware it prevented you from ever owning a firearm of purchasing one from a dealer. IIANM you must be "adjudicated" as mentally ill (under federal law). If the judge did not elect to keep you in the hospital, I do not think there was an ajudication.
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Old 04-02-2011, 02:46 AM   #12
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Originally Posted by shagsmcgee View Post
well I dont exactly have $2k for a lawyer. I wasnt exactly coming here for legal advice.
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Old 04-02-2011, 02:53 AM   #13
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Is it legal - Legal and Activism
Is it legal - Legal and Activism
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Old 04-02-2011, 03:27 AM   #14
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Originally Posted by canebrake View Post
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!
QFT!!! Cane is usually right with respect to legal matters discussed on the forum!
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Old 04-02-2011, 04:25 AM   #15
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Quote:
Originally Posted by shagsmcgee View Post
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?
Are you crazy?

The FFL really said they gave a reason for denial? Or, is this your assumption?

Look, mentally unstable people should not own or have access to firearms in my opinion.
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Old 04-02-2011, 02:07 PM   #16
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Just my opinion, but...
Donate plasma, pick up aluminum cans, whatever. Seriously, find a lawyer that will take payments, many will. Truth be told, a lot of people don't have $2000 just lying around for lawyer fees. Debt sucks, but I think most will agree this is a special circumstance. At least set up a consultation with a lawyer. They will at least be able to explain your options and you will know exactly where you stand. Contact your State Gun Owner's organization, they should be able to help you to some extent. If nothing else, they will likely have a list of lawyers who help with this sort of thing.
Do something. You need to get this sorted ASAP. It's your civil rights that are at stake.
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Old 04-02-2011, 03:05 PM   #17
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No doubt in my mind I need to get this handled asap, but my concern is rushing the appeal and failing, then the judge's ruling will stand and I will be unable to obtain a permit until 2019 or even worse never because of an official ruling. If I wait a few months get the cash resources together and plan appropriately I wont fail. Fact is I had a BG check at my job and nothing came up. I was not aware that police REPORTS come up in the BG check done by the Sheriff's office otherwise I would have prepared for it. I had a permit when I turned 21 but I let it expire about 5 years ago and never got another one. I cant find any information on waiting periods for reapplying for handgun purchase permits, as far as how long one must wait to reapply after a denial. I do know in Nebraska CCWs are once denied forever denied but I assume I can reapply in 4-6 months or so when I have gathered the resources needed. I figure it may be wiser to reapply and appeal later rather than rushing the appeal now and failing.

Also thanks to everyone for the feedback, its been very helpful.

Last edited by shagsmcgee; 04-02-2011 at 03:09 PM.
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Old 04-02-2011, 05:38 PM   #18
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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.
Few people have that kind of money laying around. Are there any gunowner or sportsmans groups that you can join that offer access to free legal advice? Here in NJ I belong to a group that gives me access to several nationally known experts on gun and 2A issues...all for $40 a year.

Good luck...
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Old 04-02-2011, 06:16 PM   #19
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You should post on NFOA (Nebraska Firearms Owners Association) and see if there are any local Lincoln / Omaha resources available. Hurry! Times a-wastin'!
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Old 04-03-2011, 04:37 AM   #20
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First and foremost, I am no lawyer, I am speaking of how it worked in Los Angeles County, and I seek to only provide a direction.
First, Federal Law mandates that If you are put under ANY involuntary hold,( and sent to a mental institution because You may be a threat to your self and others) you are to be held unable to purchase/possess (and I believe OPERATE) firearms,
In LA county, you submit the form, you go in for your hearing, and are interviewed by a psychologist and should he deem you "worthy" your rights are restored. IN CALIFORNIA, it's in the welfare and institutions code. There may be something Similar in your state, just take a look through your state laws. It's daunting, can be confusing, BUT! it's worth it.
However, in California, five years after the incident, you get your rights back.
ALSO it's only a state hold up to 3 days inside, but if you get stuck to "intensive treatment" it becomes a FEDERAL hold, and then you have to go to county/state court, and THEN Federal.
Again, This is only moral support and a direction to look in, NOT legal advise. Good luck and God Bless.
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