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  1. #1

    Default Recovering Gun Rights After Mental Illness, Hospitalization

    My question involves criminal law for the state of: west virginia
    I admitted myself to the hospital when i felt depressed and suicidal. Their beds were full for voluntary admissions so they had me involuntarily admitted. This took away my gun rights. I didnt think anything of it at the time but my violent ex and his friends frequently trespass and intimidate me and i would like to have my gun rights back to defend myself.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Recovering Gun Rights After Mental Illness, Hospitalization

    The state-level ban arises under West Virginia Code, Sec. 61-7-7.
    Quote Quoting West Virginia Code, Sec. 61-7-7(c)
    (c) Any person prohibited from possessing a firearm by the provisions of subsection (a) of this section may petition the circuit court of the county in which he or she resides to regain the ability to possess a firearm and if the court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm, the court may enter an order allowing the person to possess a firearm if such possession would not violate any federal law: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.
    A federal restriction also arose under 18 U.S.C. § 922(d)(4) and (g)(4). You will want to be sure that any lifting of your prohibition by the state is sufficient to lift the federal bar. (Read this.)

  3. #3
    Join Date
    Nov 2013
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    Pennsylvania
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    806

    Default Re: Recovering Gun Rights After Mental Illness, Hospitalization

    OP, I understand why you did what you did, and am glad you got the help you were seeking at that time. However, being committed (which you technically were) is a huge burden when it comes to firearms rights. You would be best served by finding a local lawyer who specializes in this type of law. If you can find a lawyer who is also an advocate for gun rights that would be helpful as well. This will be a long road ahead. This is not something I would tackle on my own using Google.

  4. #4
    Join Date
    Jan 2010
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    New Jersey
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    3,666

    Default Re: Recovering Gun Rights After Mental Illness, Hospitalization

    Have you tried a restraining order on your ex and his friends?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Recovering Gun Rights After Mental Illness, Hospitalization

    they cannot involuntarily commit you simply because the beds for the patients by choice were full. There are legal requirements for an involuntary commitment.

    somebody evaluated you and that was presented to the courts and the courts issued an order for your involuntary admission. Up to that point, it is not an involuntary admission for the purposes in question.

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