Denied ownership because of a 302 when I was a kid...

[HRD412]

I don't know if this is more if a venting than a plea for help.
Yesterday I went to pick up my first hand gun (had it shipped from WV). I was denied. I went home completely confused and did some research. As it turns out, if you have EVER been involuntarily committed, you are permanently banned from owning a firearm.
I checked NO in the box, as I assumed that anything happening when I was a minor would not be rellevant. Silly me!
I am 33 years old. When I was 15 or 16 years old, I decided to runaway from home. I had been sexually abused as a child, and again by my mothers' boyfriend. When I came back to get some of my clothes, my mother said that she was sending me to live with my father. He was no better than her boyfriends, but his abuse was physical and emotional, instead of sexual. When I refused to go, she suggested that I should just kill myself and get it over with. So I tried just that. Hence, I was 302'ed.
After a couple of weeks, I was sexually assaulted by another patient. The staff was aware of this and were actually joking about it in the elevator. My mother just so happened to be in the elevator with them. When I told her what happened, she put 2 and 2 together and realized that I (the new girl) was the one the nurses were referring to. I hadn't reported the incident to the doctors, as I was terrified. My mother finally stuck up for me and we confronted the head of the psych ward with what had happened. They let me go the next day.
Fast forward 18 years... I am a mother to a 1.5 year old baby. My long term partner of 12+ years, has served more than 20 years in the military, and is now retired. I have never been in trouble with the law, other than a speeding ticket. No drug or alcohol use whatsoever. I am trying to start my own business and am in the process of becoming a voluntary Court Appointed Special Advocate for abused and neglected children.
I thought the hell that was my childhood was behind me, and that I could go forward with my life. After yesterday, I realize that it will NEVER go away. I have been permanently marked with scarlet letter. M for mentally defective!!
I spoke with a local attorney that specializes in these sort of things. He wants to charge me $3,500+ to expunge my medical records. If I had a spare $3,500 laying around, I'd do it no problem. I contacted the mental hospital, and they destroy records after 10 years, so I probably won't even be able to get those.
Anybody ever been in my situation??

[bustedmp]

You can appeal it if you want. I am not sure of the process, but I am sure other here may be able to point you in the right direction. This kind of crap is where I have a big problem with the system. Yes it does work, but it works too well. They don't why anyone was commited, or how long ago, they just know you got commited and have decided you are a danger to society. I hope you can get this all worked out, and you are able to leave your past behind you.

[WhiteFeather]

WOW, IF everything you said is true (not saying it is not) you have a real problem, that needs to be corrected.

Were you in-voluntary or voluntary committed?

The FFL dealer that did the transfer should have provided a PICS / PSP challenge form, fill it out and send it back answer truthfully.

At least you will know exactly what's in your record that is making the final determination.

It might be something else on your record or even a confusion with your name that sometime caused the denial.

IF that fails you have the expense of legal route.

[Curmudgeon]

An attorney is a very good idea, and I'm sure they don't all charge the same fees.

Send a PM to Gunlawyer001... http://forum.pafoa.org/members/1125-gunlawyer001/


...helping law-abiding citizens keep or restore their rights is one of his specialties and he seems quite familiar with the process. He is on the other side of the state, but only he could tell you whether or not that is any kind of obstacle.

Good luck. Let us know how you make out.

[tlgpa]

I was denied. I went home completely confused and did some research. As it turns out, if you have EVER been involuntarily committed, you are permanently banned from owning a firearm.

Do you know for sure this is why you were denied, or are you assuming it's the reason?
Do the PICS / PSP challenge and find out exactly why before you go any further. You could spend $3500 to expunge your medical records, only to find out later you were denied for some other reason.

[HRD412]

Thanks for the input! I will pass a message to GunLawyer001.
Suicide attempt is an automatic involuntary commitment.
I do have the appeal form, but if I check the box that I was involuntarily committed, I think they are going to automatically reject it. I will put it in the mail this week, unless I am advised otherwise.
This whole thing is so embarrassing. I feel so guilty and ashamed. I never thought I would ever have to talk about these things again. Ugh. I will keep you posted, in the event that someone else in my situation finds this.
If I'm too mentally defective to own a firearm, am I too defective to pay taxes? Seems hardly fair to take money from the mentally disabled! Wishful thinking...

[chrisjp]

THIS IS EXACTLY WHY WE NEED TO TELL OUR REPS NO TO HB335 FOLKS!!!

[bustedmp]

You should not feel embaressed or ashamed. From the way it sounds you are trying to not let it run your life. My wife had someissues from her childhood, nothing like you, but it did affect her greatly until her Dr and I talked her into seeing a therapist. The therapist helped her greatly. You can't hide from things forever. Good luck with your appeal.

[Chazman321]

Attempting suicide is only a 302 if you refuse to accept treatment. I've done LOTS of them over the past 11 years.

There are a lot of threads on this, but here is one worth checking out as well...
http://forum.pafoa.org/open-carry-14...ml#post2163244


-Chaz

[HRD412]

I am guessing that I went involuntarily. I know that I didn't physically resist, as I wasn't able to. I really can't remember to be honest. They pumped me full of meds and that whole time period was a blur. I was declared mentally competent when a lawsuit was mentioned, and never heard another word after I was discharged.
Gunlawyer said that $3,500 didn't sound out of line.
I am kind of annoyed that I have to buy back my civil rights, essentially. If I had to write the check to the government, I would say no way. I just don't want to end up in a situation where I am unable to protect my life or my daughters' over some money.
You should not be able to be stripped of your civil rights as a child, unless you seriously hurt someone else. Even then, it needs to be a case by case basis.

So, would you pay $3,500 for your gun rights?? I have a lovely Sig Sauer P220 Elite that is paid for, and now sitting in limbo. Bummer!

I wish our government was as adamant as protecting kids from abuse. You can get more time in jail for smoking a joint than murdering your baby. You also have an easier time having your gun rights restored than I do.