Denied Firearm Purchase!

[WKB6]

Need some information from you guys. When I was fifteen my 18yr old sister passed away suddenly and my father was diagnosed with terminal lung cancer. Well my grieving mother involuntarily committed me since I was refusing to attend school. Now 25 and graduating with a bachelors degree from the University of Pittsburgh in criminal justice I will be required to carry a firearm in my field. I was commited on a thursday and the hospital staff told me to sign a voluntary commitement on friday saying it was in my best interest so I did ( I was fifteen I did not know any better) (and hence I was never brought in front of a judge). Well anyway they let me go on monday morning saying that I was defiant, i had asthma, and school phobia...Which is a crock considering I graduated from high school and am graduating from a major university with my bachelors degree. And defiant what 15 year old isn't defiant, and asthma? These diagnoses are hardly a clear and present danger to anyone. Any suggestions would be great! Thank you guys...

[ursavus.elemensis]

You probably need to go through the appeals process and then you can sort it out. Also, you might be required to go to a licensed psychiatrist for one visit for an evaluation at which point the doctor can write a report attesting to the soundness of your mental status and that you are not a threat to yourself or anyone else. With that kind of document, no one could presume that you are a threat. However, that's a little risky if you have some unsettled issues brewing beneath the surface. I'd go through the appeals process first, then at some point you could offer to go for an evaluation to "clear your name". I would think the "involuntary" nature of your commitment is actually irrelevant since as an unemancipated minor you did not have the legal right to sign anything on your own behalf anyway. When I do medical procedures on teenagers, I get their parents to sign the informed consent paperwork, and I note in my procedure report that the teenager understood the nature of the problem and the details of the procedure and that the teenager gave me verbal assent to go ahead. But I do not have them sign anything because it is legally meaningless for them to do so. Basically, asking a teenager to sign paperwork for medical treatment is coercive by definition, as your situation so unfortunately demonstrates.

[D-FENS]

Welcome to the forum. Pitt eats quiche! LOL.

There have been a few threads on this subject in the last few months. There are also a few lawyers on the board that have been very kind in giving their thoughts on the subject. I'd suggest searching around a bit.
http://www.pafoa.org/forum/search.php?searchid=64405

Alot of these threads cover the topic. Hope it helps.

[KeithPA]

Your first step which is outline in that link is to

Appeal the denial. The FFL should have given you a form to appeal it. When you do that, the PSP will research it and send you the reason why you were denied. Even though you were committed, make sure to do this, so you know for a fact that is the reason you were denied.

Then just follow that thread, unfortunately it will most likely cost you a few bucks to get everything straightened out.

[WKB6]

Thank you all for the information. And yes I did file a appeal after the denial, it was with the state police and they sent me a letter saying that the commitment was the reason. The only bad part about getting the record off is finding a lawyer who knows the mental health procedures act, as well as firearm laws. Which I am having trouble locating. I know this is going to be a process, lengthy and costly. I think its unfortunate that this stuff probably still happens to kids...

[danp]

The only bad part about getting the record off is finding a lawyer who knows the mental health procedures act, as well as firearm laws. Which I am having trouble locating. I know this is going to be a process, lengthy and costly. I think its unfortunate that this stuff probably still happens to kids...

Philip G. Kline in Quakertown, PA
(215) 538-4444
philkjrXXX@XXXsnip.net (Remove the X's)

He's on the other side of the state but I'm 99% sure he handles these types of cases and is very knowledgeable in firearms law being a firearm owner himself. Even if he can't help you he may be able to direct you to someone in your area who can. He's a great guy I've used him in the past for other things.

[WKB6]

Daniel, thank you very much for giving me Mr. Kline's phone number. I already called him and he was the most knowledgable person about this circumstance I have found. I appreciate your help!!!! He seems to think it won't be a problem to get my rights back. THANK YOU!

[danp]

Daniel, thank you very much for giving me Mr. Kline's phone number. I already called him and he was the most knowledgable person about this circumstance I have found. I appreciate your help!!!! He seems to think it won't be a problem to get my rights back. THANK YOU!

No problem at all PGK is a great guy and if anyone can help you I'm sure he can. It's really a shame you're in this position to start with and I wish you the best of luck getting out of it. Keep us up to date on what happens and next time you talk to Phil tell him danp from PAFOA said hi.

Welcome to the PAFOA

[KLiQ]

Well my grieving mother involuntarily committed me since I was refusing to attend school.

You can't be "302'd" for not attending school.

I would think the "involuntary" nature of your commitment is actually irrelevant since as an unemancipated minor you did not have the legal right to sign anything on your own behalf anyway.

In PA children over the age of 14 can sign themselves in for psychiatric evaluation

Act 147 - Minor's Consent for Mental Health Treatment was signed into law
November 23, 2004 amending the 1970 Act. Senate Bill 137, signed as Act 147, is effective January 22, 2004. The major provisions of the act are: Allows for minors aged 14-17 to voluntarily consent to inpatient or outpatient mental health treatment, without the consent of their parent or guardian; and allows for parents or legal guardians to consent for inpatient or outpatient mental health treatment for minors under age 18, without the consent of the minor. The act also contains detailed provisions for the legal rights of minors to object to inpatient treatment by taking court action, and contains detailed language regarding the release of the mental health records of minors age 14 or older. Legislation in HTML Legislation in PDF

Also FYI - It was in place before 2004 (sorry for the odd spacing) -
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[WKB6]

I have done some research on the subject and yes a minor does have rights. However even though they involuntarily committed me at first for observation; they say that the papers still go to the state police. I do not think it is right since they were going to release me the next morning. You would think that they would not send the papers if they did not find me messed up. Who knows though. I have now ordered my medical records so that I can fight it. Just saving up now for what I am sure is going to be a hefty attorney bill. Thanks for all your help to everyone, I really appreciate it.