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View Full Version : Restoring 2A Rights For Mentally Defective?


onedrop
01-03-2009, 3:43 AM
Hi All,

This is my first thread but I've been lurking for quite some time. I've been searching here and researching everywhere but I've come to realize there is no way I can go any further in restoring my 2A rights without your help.

2 years ago I tried to buy an XD45 but was denied. I immediately called DOJ and they informed me that I am ineligible to receive a firearm because back in 1993 I was in a mental institution. They also qouted me:

"Under California law, no person who has been certified for intensive treatment pursuant to Welfare and Institutions Code sections 5250, 5260 or 5270.15 may own, possess, control, receive, or purchase any firearm for a period of five years after the person is released from the facility.
However, such a person is considered to have been adjudicated as a mental defective under federal law and therefore may not possess firearms even beyond the five years provided under California law. (Welfare and Institutions Code 8103(g)), 18 USC 922(g)(4).)"

My delimma is that I know I dont fall under sections 5250, 5260 or 5270.15 because I only stayed at the institution for a week. And in order to fall under those sections I have to be admitted for more than a month. I tried calling the institution and they do not have any info on me and stated they do not keep records after 10 years. I called the DOJ back and asked them how they consider me under mentally defective if there is no records from the institution. The DOJ stated that is all their datatabase is showing and I should get a lawyer.

Should I get a lawyer or am I wasting my time and just accept the fact that I'm screwed?

I found this and it seems to be alot more helpful than everything else I've found: http://ag.ca.gov/firearms/dwcl/8100.php

Please help me restore my 2A rights.

Afmo
01-03-2009, 5:55 AM
without knowing anything about your situation, i guess it would depend on the circumstances of your committal.

Just my cursory reading of the law makes it sound like you are fine for California state law, but the hang-up is with Federal not state.

However, such a person is considered to have been adjudicated as a mental defective under federal law and therefore may not possess firearms even beyond the five years provided under California law. (Welfare and Institutions Code 8103(g)), 18 USC 922(g)(4).)"

So it sounds like to me that even if Cali says your clear, the feds say you're not. I'm no lawyer though so i could be wrong.

If tis a federal law thats hanging you up, you may be in for a long fight.

hoffmang
01-03-2009, 8:10 AM
From your description, you were never adjuged mentally defective but that's a very fact specific item. I'm also pretty sure that there is a court filing you can make to have a judge rule you are mentally fit and thus can have your rights restored.

I can't tell from your profile what region of California you're from, but I think your best bet is to call one of the firearms lawyers in California. They'll give you a first call consultation for free so you can get a feeling for how feasible and to what expense you'd have to go. I'd consider it a small price to pay to get your rights back.

In the Bay Area - try Don Kilmer. In the LA area, call either TMLLP or Bruce Colodny. Google or the ads on this site should find any or all of them.

-Gene

onedrop
01-03-2009, 11:46 AM
Thank you for the replies. Here is a little background info on me. Currently, I live in Oceanside and the the the event took place in San Jose. I voluntarily admitted myself. I am a supervisor for a fortune 500 company and considered to be level-headed by my peers.


I found this info: http://www.fbi.gov/hq/cjisd/nics/nicsindex.htm

3) Persons who have been adjudicated as a mental defective or have been involuntarily committed to a mental institution:
The Department of Veterans Affairs, the Department of Defense, and local, state, and federal law enforcement agencies have the authority to enter and update records of persons who have been adjudicated as mental defectives or have been involuntarily committed to mental institutions.



Submitting Records
The local, state, and federal agencies are provided with two modes to ADD, MODIFY, or CANCEL records from the NICS Index.

I am considering going to TMLLP but I want to be sure I have a valid case before consulting a lawyer. I was also hoping that there was some people in here that can lead me in the right direction so I dont take 2 steps forward, one step back.

bwiese
01-03-2009, 12:14 PM
If you voluntarily admitted yourself and no further action ("adjudication") took place I don't think you have a prohibition.

You're gonna have to clarify the record though and that may take some legal action.

hoffmang
01-03-2009, 12:42 PM
I am considering going to TMLLP but I want to be sure I have a valid case before consulting a lawyer. I was also hoping that there was some people in here that can lead me in the right direction so I dont take 2 steps forward, one step back.

Based on where you are TMLLP will be just fine. There very experienced at getting the DOJ to clean things up and if the facts are as you say you should have no issue getting your NICS check to come back clean. The hardest thing will be finding old records/documents but that just takes patience and persistence.

Give them a call: 562-216-4444. You'll probably want Jason Davis but if I'm incorrect he'll know the right person for you to talk to.

-Gene

onedrop
01-04-2009, 10:08 PM
Thank you all for your input. I will be calling TMLLP monday morning.

GuyW
01-04-2009, 10:17 PM
Can we change the title of this thread to something more factually correct as well as more palatable??

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