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Baker act question

3K views 3 replies 4 participants last post by  Rvrctyrngr 
#1 ·
I am having trouble understanding the current law on baker acts and concealed carry.

Back in like 2000/2001 I think I was baker acted. I was taken from the hospital to a receiving facility and was there for the 3 days and released. All I can really say about that was I was young and stupid and didn't really want to kill myself.

I purchased a couple guns a few years a
fter that without issue, but that was in probably '05, so before the current laws. Now I'm interested in getting mt concealed weapons licence, but I really don't have the extra cash to do it if its never going to happen.

Can anyone help me understand the law better? I don't do legalese very well.
 
#2 ·
Others will chime in, but I think that unless there us a diagnosis of mental illness that it would be an automatic disqualifier.
 
#3 ·
I'm not qualified to answer your question regarding the Baker Act, but here's some info I found explaining the Baker Act. From that info, I noted:

Specific criteria must be met in order to initiate involuntary examination. Among those criteria are the following elements, that by themselves, do not qualify an individual as having met or meeting the criteria:

Reason to believe that the person has a mental illness; refusal of voluntary examination; the person is unable to determine whether examination is necessary. Criteria are not met simply because a person has mental illness, appears to have mental problems, takes psychiatric medication, or has an emotional outburst. Criteria are not met simply because a person refuses voluntary examination. Criteria are not met if there are family members or friends that will help prevent any potential and present threat of substantial harm.

The criteria, as stated in the statute, mentions a substantial likelihood that without care or treatment the person will cause serious bodily harm in the near future. ("Substantial" means ample, considerable, firm or strong.)

To further clarify this point of substantial likelihood, there must be evidence of recent behavior to justify the substantial likelihood of serious bodily harm in the near future. Moments in the past, when an individual may have considered harming themselves or another, do not qualify the individual as meeting the criteria. ("Near" means close, short, or draws near.)
Not sure if that helps and I hope you don't end up needing the help of legal counsel to sort it out. :dunno
 
#4 ·
The Baker Act, even involuntary, is not the kiss of death, rights-wise most people think. You were released on your own, with no recidivism, so you should be fine.

A hospital cannot declare you a mental incompetent, only a Judge can do that. If you want to speak to the best firearms law attorney in the state, his name is Eric Friday (Fridaddy on this forum). Office number is 904-722-3333.
 
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