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Federal Relief from Firearm Disabilities?

10613 Views 46 Replies 17 Participants Last post by  Vision Remodeling
Hi everyone! I'm going to be turning 21 in August, taking my gun safety class this summer, and so I decided to do some research on getting a concealed weapons license, since my dad has been itching to pass down one of his guns to me since I moved to college. Anyway, about a year ago, I went through a period of really bad depression and ended up in a psychiatric facility. My friends called for the police and the police were the ones to take me, but I was not going involuntarily, per se, since I was calm and said "sure, I'll go." However, I think I was actually admitted under the Baker Act (no one seems to be very clear with you in these places unfortunately, but I have requested a copy of my medical records thankfully), rendering me ineligible for a license.

I can't seem to get any clear information on the Federal Relief from Firearm Disabilities that I would need in order to get my CCL. Who do I need to speak to, are there any websites with helpful resources, etc.? Any information will be greatly appreciated; I just can't seem to find the right place to start.

Thanks in advance!
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Welcome aboard, burgaboo. Sorry to hear about your past problems. We have a very good Firearms Attorney who is a member of this forum. Hopefully he'll be along soon to steer you in the right direction. If not, his name is Patrick Buckley. Here is a link to his contact info:

http://www.floridaconcealedcarry.com/Forum/showthread.php?6834-An-Emergency-Number-for-Non-Clients


Good luck, Gal,
Ken
hey, this is where the laws may need to be changed.. or the future laws regarding anti depressants, etc....

praying all goes well..
Welcome. Nice picture

I like girls :grin
doesn't look like ATF relief is going to be much help. How do you know that you are ineligible?

From ATF site: Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.

Since October 1992, however, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

[18 U.S.C. 922(g), 922(n) and 925(c)]
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I don't think you have much hope , buy sometimes paperwork gets lost so just go try and buy one you might get lucky . Good luck
I'm going completely from memory here, but under the Baker act I think they can detain you involuntarily for 72 hours but past that point they have to let you go unless they get a physician (or is it multiple physicians) to sign off saying you are a danger to yourself or others. If you were detained and released within the 72 hours then I don't think that you have a problem. If you were involuntarily held past the 72 hours on the signature of qualifying medical personnel, then you probably do have a problem.
The application itself asks if you've ever been committed involuntarily under the mental health/Baker Act, which technically I have if I recall the procedures correctly. The application instructions say that I would need to obtain relief from the ATF; I would fall in the category of "certain other persons" I guess. I'm going to make some calls/try to speak with people soon so hopefully I can understand it better as it's definitely not clearly explained very well by the state!
As of recent i believe last year per scott if you were Baker acted you lose your right to own a gun i believe, before that you just lost your CWL. So if it was before that you should be in the clear
Best way to find out is just go into a LGS or pawn and have them run a check for 5 dollars
I'm going completely from memory here, but under the Baker act I think they can detain you involuntarily for 72 hours but past that point they have to let you go unless they get a physician (or is it multiple physicians) to sign off saying you are a danger to yourself or others. If you were detained and released within the 72 hours then I don't think that you have a problem. If you were involuntarily held past the 72 hours on the signature of qualifying medical personnel, then you probably do have a problem.
I wasn't even there the full 72 hours, but I was still committed and I saw a doctor etc. during that time. They really didn't give me any information on it during or after the whole ordeal so I'm requesting medical records and such. I was under the impression, though, that because the police transported me (I had to go whether I agreed with the police or not) and I was technically there "involuntarily" to some degree that I had been involuntarily committed. The license application seems to suggest that if you've ever been involuntarily committed, regardless of how long, you are deemed ineligible.

So glad I decided to come to this forum to get information! You all have been so helpful so far.
The application itself asks if you've ever been committed involuntarily under the mental health/Baker Act, which technically I have if I recall the procedures correctly. The application instructions say that I would need to obtain relief from the ATF; I would fall in the category of "certain other persons" I guess. I'm going to make some calls/try to speak with people soon so hopefully I can understand it better as it's definitely not clearly explained very well by the state!
Well, it depends - virtually anybody could be grabbed and held for the 72 hours but that shouldn't impose any disabilities. Did you get to the point of a physician certifying that you were a threat to yourself or others, or were you let go in 72 hours or less?
Welcome aboard, burgaboo. Sorry to hear about your past problems. We have a very good Firearms Attorney who is a member of this forum. Hopefully he'll be along soon to steer you in the right direction. If not, his name is Patrick Buckley. Here is a link to his contact info:

http://www.floridaconcealedcarry.com/Forum/showthread.php?6834-An-Emergency-Number-for-Non-Clients


Good luck, Gal,
Ken

Thank you, Ken! I'll definitely be getting in touch. I thought an attorney would be a great resource but honestly I have no idea how to find one, haha.
Welcome aboard, burgaboo. Sorry to hear about your past problems. We have a very good Firearms Attorney who is a member of this forum. Hopefully he'll be along soon to steer you in the right direction. If not, his name is Patrick Buckley. Here is a link to his contact info:

http://www.floridaconcealedcarry.com...or-Non-Clients


Good luck, Gal,
Ken
+1 on the post from Hodawg. Here's the link to Buckley's website:

http://www.buckleyesq.com/

He's a stand up guy...
Well, it depends - virtually anybody could be grabbed and held for the 72 hours but that shouldn't impose any disabilities. Did you get to the point of a physician certifying that you were a threat to yourself or others, or were you let go in 72 hours or less?
I was only in for about 2.5 days, but I saw the doctor twice. Like I said, I unfortunately haven't gotten much information on the details of my situation!
And will that tell her whether or not she qualifies for a CCL or how to get relief?
That's my concern, I know it's unclear whether my records will show a baker act, but even if it does, I still have no idea how to go about getting relief.
I wasn't even there the full 72 hours, but I was still committed and I saw a doctor etc. during that time. They really didn't give me any information on it during or after the whole ordeal so I'm requesting medical records and such. I was under the impression, though, that because the police transported me (I had to go whether I agreed with the police or not) and I was technically there "involuntarily" to some degree that I had been involuntarily committed. The license application seems to suggest that if you've ever been involuntarily committed, regardless of how long, you are deemed ineligible.

So glad I decided to come to this forum to get information! You all have been so helpful so far.
The initial involuntary seizure by the police should not create a disability as they are not qualified mental health professionals. What matters is what the medical professionals decided once you were examined by them.
Until you positively know if you have "ever been committed involuntarily under the mental health/Baker Act", You really don't know which way to proceed. Find out before you submit any forms that might contain an "untruth". Good luck.
And will that tell her whether or not she qualifies for a CCL or how to get relief?

+1 on the post from Hodawg. Here's the link to Buckley's website:

http://www.buckleyesq.com/

He's a stand up guy...
CWL is pretty irrelevant right now if she can't legally own a firearm federally wouldn't ya say?

Anyway moving forward, did you sign the AMA release at the hospital?
Until you positively know if you have "ever been committed involuntarily under the mental health/Baker Act", You really don't know which way to proceed. Find out before you submit any forms that might contain an "untruth". Good luck.
That's why I decided to start my research early and ask around here! I honestly thought I had no hope, so it's nice to learn that I have a chance! :)
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