Question about gun rights and mental illness

**Binary Encryption** · July 18th, 2011, 07:40 PM

This has been talked about in other threads but does not pin down the answer enough to help, so I'll just ask. I just got off the phone with a friend of mine who also lives in PA. Asked me if he could get his gun rights back after a mental illness problem. It seems in 99 he had a problem and went to the ER with thoughts of hurting himself. They put him into a 72hr hold and then release. He had follow up and was found to be Bi-polar and started meds. Also he was told to file for disability and did get it. Now jump ahead to last year he got treatment for thyroid and sleep apnea and is now being told he was misdiagnosed as bi-polar when in fact the issues were the thyroid and apnea. He has been clear of all "bi-polar" symptoms for a year and has even come off of disability. He asked me if he would be able to own or get any gun rights back, he did say he was not even sure if he has lost them, I told him " IANAL but if I read the laws right, you did". I have no idea how to help him so if anyone has any ideas or has been down this road he could use the help. Also I talked him into signing up to PAFOA so be nice he will be reading replies I hope.

**bluedog46** · July 18th, 2011, 08:33 PM

Just being bi-polor or having a mental illness ( hell lots of cops take anti-depressants from my understanding) would bar him. I dont think the 72 hour initial thing would effect him, but if they commited him against his will as opposed to him going to the hospital he would be prohibed and need to have a mental professional say he is ok.

I am not 100% on this, but think that is accurate. People dont want people not to seek help and your friend would be a good example of someone who got help they needed if its held against him.

**acosenza2** · July 18th, 2011, 08:43 PM

Originally Posted by bluedog46

Just being bi-polor or having a mental illness ( hell lots of cops take anti-depressants from my understanding) would bar him. I dont think the 72 hour initial thing would effect him, but if they commited him against his will as opposed to him going to the hospital he would be prohibed and need to have a mental professional say he is ok.

I am not 100% on this, but think that is accurate. People dont want people not to seek help and your friend would be a good example of someone who got help they needed if its held against him.

I think that should say wouldn't.

**GunLawyer001** · July 18th, 2011, 09:10 PM

If he was held under paperwork citing Sections 302, 303, or 304, then the PSP has a copy of that notice, and he will fail a PICS check.

There are other ways to be adjudicated mentally incompetent. If he was determined to be mentally disabled by a Federal entity, he may have other issues.

The good news is that a competent attorney can help him to have his rights restored if they were lost in a Pennsylvania hospital, via petition to the Court of Common Pleas. Tell him to find a lawyer who has SUCCESSFULLY handled a few of these; there is one path that works, and several that fail. You want a lawyer who will take him on the working path.

**Binary Encryption** · July 18th, 2011, 09:21 PM

Originally Posted by GunLawyer001

If he was held under paperwork citing Sections 302, 303, or 304, then the PSP has a copy of that notice, and he will fail a PICS check.

There are other ways to be adjudicated mentally incompetent. If he was determined to be mentally disabled by a Federal entity, he may have other issues.

The good news is that a competent attorney can help him to have his rights restored if they were lost in a Pennsylvania hospital, via petition to the Court of Common Pleas. Tell him to find a lawyer who has SUCCESSFULLY handled a few of these; there is one path that works, and several that fail. You want a lawyer who will take him on the working path.

He went to court to get his disability and was awarded it. That would fall under the bold wouldn't it? Not a PA hospital, SC hospital.

**GunLawyer001** · July 18th, 2011, 09:58 PM

Originally Posted by Binary Encryption

He went to court to get his disability and was awarded it. That would fall under the bold wouldn't it? Not a PA hospital, SC hospital.

I've never had a case where someone was denied for this without having been committed, but if you receive money every month because a court has determined that your mental condition is disabling, that looks a lot like this:

(4) A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L. 817, No. 143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.

or this:

(4) has been adjudicated as a mental defective or has been
committed to any mental institution;

**bluedog46** · July 19th, 2011, 11:27 PM

This is really an intresting subject because the americans with disabilities act should come in to play if he was not commited. Also there are various types of mental illness and I hope they would focus on the ones were people are dangers to themselves our others. I think many women who are raped probably will suffer a mental depression because of it, but I cringe to think they might not be able to own a gun because someone like obama does not think we need guns.

**GunLawyer001** · July 19th, 2011, 11:37 PM

Originally Posted by bluedog46

This is really an intresting subject because the americans with disabilities act should come in to play if he was not commited. Also there are various types of mental illness and I hope they would focus on the ones were people are dangers to themselves our others. I think many women who are raped probably will suffer a mental depression because of it, but I cringe to think they might not be able to own a gun because someone like obama does not think we need guns.

I'm not certain, but I believe that the ADA applies only to employment and public accommodations, not to firearms disabilities.

We have a legal mechanism to bypass certain state mental health prohibitors under the UFA, but the Feds are still defunding ATF for any Federal gun rights restorations. So if you've got a judicial determination of disability from the VA or any Federal agency, I'm not sure what you can do. If I client comes to me with that issue, I'll research it.