Is it legal

Discussion in 'Legal and Activism' started by shagsmcgee, Apr 1, 2011.

  1. shagsmcgee

    shagsmcgee New Member

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    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?
     
    Last edited: Apr 1, 2011
  2. orangello

    orangello New Member

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    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.
     
    Last edited: Apr 1, 2011

  3. Overkill0084

    Overkill0084 Active Member

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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.
     
  4. shagsmcgee

    shagsmcgee New Member

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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.
     
  5. jeepcreep927

    jeepcreep927 New Member

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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.
     
  6. canebrake

    canebrake New Member

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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!
     
  7. Jesse17

    Jesse17 New Member

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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.
     
  8. shagsmcgee

    shagsmcgee New Member

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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.
     
  9. Car54

    Car54 New Member

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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?
     
  10. JonM

    JonM Moderator

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    consult your local district attourney's office
     
  11. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

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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.
     
  12. IGETEVEN

    IGETEVEN New Member

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    [​IMG]
     
  13. Jpyle

    Jpyle New Member

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    [​IMG]
     
  14. dunerunner

    dunerunner New Member

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    QFT!!! Cane is usually right with respect to legal matters discussed on the forum! :D
     
  15. skullcrusher

    skullcrusher New Member

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    :eek: Are you crazy? :eek:

    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.
     
  16. Overkill0084

    Overkill0084 Active Member

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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.
     
  17. shagsmcgee

    shagsmcgee New Member

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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: Apr 2, 2011
  18. Jpyle

    Jpyle New Member

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    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...
     
  19. phonedog365

    phonedog365 New Member

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  20. pagj17

    pagj17 New Member

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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.