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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 03-24-2013, 9:59 PM
boomer135 boomer135 is offline
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Default My veteran friends firearms were removed.

I have a friend who is retired service member in the State of FL. He was removed from his home and placed into a hospital due to a episode of PTSD.

Once he was removed, the police asked his wife if any firearms were in the house and she truthfully replied "Yes".

The police carefully packed the firearms and removed them. On my next trip to my home state I will be able to sign for the firearms, and take possession. I told my friend that I will either sell them, make him a cash offer, or store them for him until his doctor, and the state of Florida show me proof that he is able to posses firearms.

He has never been denied purchase, or informed by his doctor he was not able to posses firearms. After he was taken in by the police I dont think he will be able to posses any longer, although nothing has been written yet.

Looking for more information to become more educated on the subject IE: anyone else's findings, or actual circumstances.

-Thanks
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Old 03-24-2013, 10:08 PM
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I don't know all the specifics, but I know there is a definite due process that is involved in order for someone to become prohibited.

Was your friend committed to a mental facility?
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Old 03-24-2013, 10:09 PM
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What do you mean by an episode of PTSD?
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  #4  
Old 03-24-2013, 10:15 PM
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yes he was then released 3 days later. He was removed from his home under force. He didn't volunteer.
Quote:
Originally Posted by bodger View Post
I don't know all the specifics, but I know there is a definite due process that is involved in order for someone to become prohibited.

Was your friend committed to a mental facility?
even though no names were mentioned I would prefer to leave it labeled as an episode then list the full details. it was bad enough for the police to remove him from his domicile
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What do you mean by an episode of PTSD?

Last edited by boomer135; 03-24-2013 at 10:18 PM..
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Old 03-24-2013, 10:18 PM
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AFAIK, for him to lose the right to his current guns he has to be convicted of a crime or deemed mentally unfit, which is a somewhat involved process.

It is unlikely that he would be forced to give up his guns, and the state won't tell anybody when he *can* have guns, just when he has lost his rights and *can not*.

That having been said, when he's released I'd have a serious talk with him & his wife about whether he *wants* to still have guns around him if he's seriously fighting PTSD.
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Old 03-24-2013, 10:26 PM
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I agree on his current status. I think he wont be able to purchase in the future, he will most likely fail a background check for his current disorder.

I am not comfortable releasing the firearms back to him, I honestly don't think that is even legal. Thats why my terms to him are; I will sell them, buy them, or place them into storage for him.

Quote:
Originally Posted by warthog1984 View Post
AFAIK, for him to lose the right to his current guns he has to be convicted of a crime or deemed mentally unfit, which is a somewhat involved process.

It is unlikely that he would be forced to give up his guns, and the state won't tell anybody when he *can* have guns, just when he has lost his rights and *can not*.

That having been said, when he's released I'd have a serious talk with him & his wife about whether he *wants* to still have guns around him if he's seriously fighting PTSD.

Last edited by boomer135; 03-24-2013 at 10:29 PM..
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Old 03-24-2013, 10:29 PM
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The police did him, his wife and maybe the community a favor. He doesn't need guns in the house if he's having "episodes."

There are state laws that apply; he's in FL, so there laws are different that CA's.

He needs to concentrate on getting better. Kudos to you for helping him through his tough time.
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Old 03-24-2013, 10:31 PM
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Quote:
Originally Posted by Doheny View Post
The police did him, his wife and maybe the community a favor. He doesn't need guns in the house if he's having "episodes."

There are state laws that apply; he's in FL, so there laws are different that CA's.

He needs to concentrate on getting better. Kudos to you for helping him through his tough time.
Agreed, but it would be better if he could sell them rather than forfeiting them.
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Old 03-24-2013, 10:40 PM
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OP, here are the FL firearms statues if you want to do some research on your own: http://www.leg.state.fl.us/statutes/...0790/0790.html
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  #10  
Old 03-24-2013, 11:10 PM
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reading though them now thanks...


Quote:
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OP, here are the FL firearms statues if you want to do some research on your own: http://www.leg.state.fl.us/statutes/...0790/0790.html
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  #11  
Old 03-25-2013, 7:38 AM
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Why couldn't his wife "take possession of them?
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Old 03-25-2013, 10:47 AM
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after reading through the laws, we decided that his son sign and keep them for him is best...
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  #13  
Old 03-25-2013, 10:57 AM
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What has this man done to be deemed unfit to own firearms?
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Old 03-25-2013, 11:20 AM
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Quote:
Originally Posted by Flintlock Tom View Post
Why couldn't his wife "take possession of them?
She could but they'd have to be locked up in a safe that he doesn't have access to (doesn't know combo). I think the OP is worried she might not keep them locked up or otherwise out of his hands and he might hurt someone.

Especially how he says that he "didn't go voluntarily" meaning they dragged him out kicking and screaming.
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Old 03-25-2013, 11:45 AM
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Not gonna lie these PTSD stories sound suspect and make me nervous for my rights in the future
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  #16  
Old 03-25-2013, 12:11 PM
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Quote:
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Not gonna lie these PTSD stories sound suspect and make me nervous for my rights in the future
Just remember, we are all potential terrorists.
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Old 03-25-2013, 12:15 PM
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Well his wife wasn't diagnosed with PTSD, why would they take the rifles from her? Sounds like theft to me

sunaj
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Old 03-25-2013, 12:24 PM
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Quote:
Originally Posted by CavTrooper View Post
What has this man done to be deemed unfit to own firearms?
Didn't read the thread? He was admitted to an institution for having a PTSD episode.
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Old 03-25-2013, 12:32 PM
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Didn't read the thread? He was admitted to an institution for having a PTSD episode.
Umm, no, that's not at all what was said and besides, that is no description of what happened.

He was removed and taken to a hospital because of an "episode of PTSD". For all I know, the guy may have knocked his head on the kitchen table diving under it when some kids set off fireworks outside his house.
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Old 03-25-2013, 12:34 PM
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An "episode of PTSD" is too vague OP. For example, did he during whatever this "episode" was threaten to kill anyone or himself? Did he go 5150 in front of the police?

As far as his rights are concerned in FL for the future, he should consult an attorney in this regard on whatever the real specifics are of his case.

Just being diagnosed with PTSD is not cause in itself for a firearms prohibition (at this time), but it all depends on what happened specifically and what happened with LE.
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  #21  
Old 03-25-2013, 12:40 PM
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Registration leads to confiscation, and I bet most of us have at least some registered guns.

It's begun guys, they're picking the low hanging fruit right now. Seems they've begun taking them from people before they have been officially declared mentally unfit. Next they'll increase the reasons for prohibiting people.
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Old 03-25-2013, 1:09 PM
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Guys, there is a lot of missing information. It is possible that the authorities did just the right thing.

Frankly, I don't think we should be told all that happened - we just don't need to pry.

The firearms are going to family and I'm betting they'll work out the legal process over time.
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Old 03-25-2013, 1:13 PM
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Quote:
Originally Posted by sunaj View Post
Well his wife wasn't diagnosed with PTSD, why would they take the rifles from her? Sounds like theft to me

sunaj
Care to explain that, or did you simply intend to just piss on this thread to amuse yourself?
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  #24  
Old 03-25-2013, 1:21 PM
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Quote:
Originally Posted by infringed711 View Post
Not gonna lie these PTSD stories sound suspect and make me nervous for my rights in the future
Yeah, same here. I was diagnosed with PTSD and spent five years in the out-patient program at the VA. No violent behavior or anything that would or should make anyone nervous about me owning guns. Just sleep disorders and panic attacks.

But in essence, I was a mental patient at a government facility. Talk about low hanging fruit.
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Old 03-25-2013, 2:56 PM
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There is the cops taking guns by force, and there is a wife voluntarily giving the cops all his guns just because they asked. Which one was it?

The cops will take any guns given to them voluntarily, don't need any specific reason, and aren't violating the law or your rights. You can drive down to the police station right now and give them all the guns you want for no reason what so ever.
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Old 03-25-2013, 3:02 PM
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OP: you were just trying to do the right thing, but in so doing you may have exposed yourself to some potential danger if things go south.

IMO, in your shoes I'd just sell the weapons ASAP and keep the money in escrow. When your friend gets cleared, he can take the cash and re-build his collection. If it turns out he's permabanned from the RKBA club, he can use the money on other things.

Transferring the guns back can get nasty , especially if a Domestic Violence incident happens where your friend -or the wife-turn up dead or injured afterward. You won't want to be the guy who gave a prohibited person their guns back. Sure, you'd do your due diligence on the matter-but what if he lies and you transfer the guns under false pretenses?

Its better to hand over a wad of cash and call it a day.
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Old 03-25-2013, 3:48 PM
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This is one major reason why mental health care is not a realistic option in this country.

There is so much stigma and possible punishment that comes with seeking help, that peoples imply wont.

I know several people with PTSD that refuse to seek treatment because they are scared they wont be allowed to own guns.

While some people might not care that they cant own guns, they might not want to be labeled as "crazy" or whatever other social stigma will be tied to them.

Someone very close to me was mildly depressed and i told them to go talk to the doctor, they will help them find good ways to cope and release stress and deal with their emotions, but they said they didnt want depression on a permanent record, so they just drink a lot instead.
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Old 03-25-2013, 4:10 PM
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Quote:
Originally Posted by bodger View Post
I don't know all the specifics, but I know there is a definite due process that is involved in order for someone to become prohibited.

Was your friend committed to a mental facility?
Either by a psychiatrist or adjudicated by a court of law.
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Old 03-25-2013, 4:12 PM
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Quote:
Originally Posted by SilverTauron View Post
OP: you were just trying to do the right thing, but in so doing you may have exposed yourself to some potential danger if things go south.

IMO, in your shoes I'd just sell the weapons ASAP and keep the money in escrow. When your friend gets cleared, he can take the cash and re-build his collection. If it turns out he's permabanned from the RKBA club, he can use the money on other things.

Transferring the guns back can get nasty , especially if a Domestic Violence incident happens where your friend -or the wife-turn up dead or injured afterward. You won't want to be the guy who gave a prohibited person their guns back. Sure, you'd do your due diligence on the matter-but what if he lies and you transfer the guns under false pretenses?

Its better to hand over a wad of cash and call it a day.
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better to be safe than sorry, you just never know.
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Old 03-25-2013, 6:16 PM
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I was looking to be led in the correct direction before I made a decision, not to air out the family's dirty laundry. I do believe that the Officers and the family did the correct thing, no ones rights were violated here at any time. Believe it of not, when I spoke to the family they said "The officers were extremely professional, as they have acted and responded to more, and more of these cases "

Final decision is the man's son will sign for the firearms, and further help is now in session for the member with PTSD on a routine basis...I will fly out soon for a visit and help with what I can.



Quote:
Originally Posted by OleCuss View Post
Guys, there is a lot of missing information. It is possible that the authorities did just the right thing.

Frankly, I don't think we should be told all that happened - we just don't need to pry.

The firearms are going to family and I'm betting they'll work out the legal process over time.
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