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Posted: 10/11/2019 9:39:47 AM EDT
[#1]
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Posted: 10/11/2019 9:43:12 AM EDT
[#2]
The vast majority of places never forwarded mental health records to NICS until somewhat recently with all the renewed interest in gun control BS.
Fucking sucks and I hope you can get this squared away without too many out of pocket expenses. |
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Posted: 10/11/2019 9:50:00 AM EDT
[#3]
That's crazy. I thought records of minors were sealed, at least criminal records. How long before a fight in school at 15 y/o is domestic violence 20 years later? Or a trip to the guidance counselor is a mental health intervention?
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Posted: 10/11/2019 9:50:22 AM EDT
[#4]
Quote HistoryQuoted:
Contact these folks: https://www.vcdl.org/ Also, @NoloContendere, any suggestions for this guy? |
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Posted: 10/11/2019 10:01:44 AM EDT
[#5]
Quote HistoryQuoted: I'm not licensed in VA, but there was a federal law passed in 2008 if I recall correctly to assist in clearing up mental health prohibitors but the state has to adopt certain procedures to comply. I am unaware if VA has done this, but it isn't something that should be too difficult to fix. I would recommend finding an attorney in VA that could help with cleaning up the records and defending against that charge. I think you're maybe referring to the NICS Improvement Act of 2007? I remember the VA Gov. also signed an EO back in 2007 or 2008 after the VA Tech shooting relating to mental health records. OP, contact the VCDL at the link I posted above. They'll have the knowledge and can recommend a good VA attorney. |
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Posted: 10/11/2019 10:09:35 AM EDT
[#6]
dang, I got sent to the office a bunch in the eighth grade and they tried to make me take pills for my 'unruly behavior'. I bet I'm next. Jeez what a mess.
Something that happened (beyond his control no less), when he was a minor is now being held against him, a Marine? That's pathetic. Edit, I didn't take those pills, and I wasn't admitted anywhere for anything....Mr. ATF man. |
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Posted: 10/11/2019 10:31:36 AM EDT
[#7]
Why does he type misdemeanor next to psych commitment. Baker acts are not crimes and we do not report them in arrest records.
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Posted: 10/11/2019 10:32:21 AM EDT
[#8]
thanks mom
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Posted: 10/11/2019 10:33:17 AM EDT
[#9]
Interesting 1st post
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Posted: 10/11/2019 10:33:50 AM EDT
[#10]
When the government is big enough, everyone is a felon. Veterans getting a disability for PTSD? No guns for u.
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Posted: 10/11/2019 10:41:54 AM EDT
[#11]
Quote HistoryQuoted:
Interesting 1st post |
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Posted: 10/11/2019 10:45:01 AM EDT
[#12]
Quoted:
Why does he type misdemeanor next to psych commitment. Baker acts are not crimes and we do not report them in arrest records. |
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Posted: 10/11/2019 10:45:42 AM EDT
[#13]
Quoted:
Quoted:
Interesting 1st post |
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Posted: 10/11/2019 10:49:42 AM EDT
[#14]
Quote HistoryQuoted:
No, I was referred here by a Reddit sub. |
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Posted: 10/11/2019 10:52:25 AM EDT
[#15]
Quote HistoryQuoted:
Welcome aboard the crazy train? Just kidding this is a great site for gun enthusiast. Lot's of diverse people. You will get some bad advice and some great advice. |
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Posted: 10/11/2019 10:54:24 AM EDT
[#16]
Did they go to your house and take your guns? Or did they just cuff you and explain the issue then release you?
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Posted: 10/11/2019 10:54:56 AM EDT
[#17]
Wow
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Posted: 10/11/2019 10:58:43 AM EDT
[#18]
Quote HistoryQuoted:
Did they go to your house and take your guns? Or did they just cuff you and explain the issue then release you? |
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Posted: 10/11/2019 11:00:52 AM EDT
[#19]
Quote HistoryQuoted: I'm VA licensed, but don't practice firearms law. I think you're maybe referring to the NICS Improvement Act of 2007? I remember the VA Gov. also signed an EO back in 2007 or 2008 after the VA Tech shooting relating to mental health records. OP, contact the VCDL at the link I posted above. They'll have the knowledge and can recommend a good VA attorney. |
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Posted: 10/11/2019 11:10:17 AM EDT
[#20]
Thats fucked. The Red Flag Laws, are just the tip of the ice berg.
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Posted: 10/11/2019 12:27:44 PM EDT
[#21]
John Pierce is theguy you want to talk to for Virginia gun issues. Great guy and specializes in this sort of thing.
https://johnpierceesq.com/ |
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Posted: 10/11/2019 12:46:44 PM EDT
[#22]
Quote HistoryQuoted:
John Pierce is theguy you want to talk to for Virginia gun issues. Great guy and specializes in this sort of thing. https://johnpierceesq.com/ |
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Posted: 10/11/2019 12:51:58 PM EDT
[#23]
Quote HistoryQuoted: I just got off the phone with Mr. Pierce. Thank you! 
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Posted: 10/11/2019 1:00:53 PM EDT
[#24]
Good luck
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Posted: 10/11/2019 1:02:16 PM EDT
[#25]
Keep us updated please
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Posted: 10/11/2019 1:12:57 PM EDT
[#26]
Quote HistoryQuoted:
Keep us updated please |
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Posted: 10/11/2019 1:19:36 PM EDT
[#27]
Quote HistoryQuoted:
Keep us updated please |
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Posted: 10/11/2019 1:21:22 PM EDT
[#28]
Thought this was brought up already that juvenile records are sealed?
ETA: See you are getting traction OP. Welcome, take no offense to anyone here. We are all probably Baker Acts... |
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Posted: 10/11/2019 1:36:16 PM EDT
[#29]
Quoted:
Today, I (36m) attempted to purchase a new handgun from my local firearm dealer in Virginia. The background check was taking a while so we left for a bit. When we returned, five state police were waiting for me. I had no idea why. I was arrested and charged with falsifying information on the application (felony) and was charged with attempting to purchase a firearm after being involuntarily admitted to a psychiatric hospital (misdemeanor). It turns out, they are claiming that I was under a mental health temporary detention order in 1999 in Pennsylvania when I was 15 or 16. I remember having touble coping with my parents divorce back then and was taken by my mom for a psychiatric evaluation after I got in some trouble at school. However, I was unaware that this was involuntary. It wasn't like law enforcement forced me to go there. I was a kid and barely remember all of the details. It was over 20 years ago and just now coming up. So, when asked that question on the form, I said "no" because I believed that to be true. This also made no sense because I served in the Marine Corps Reserves from 2001 to 2008 and nothing was uncovered by the FBI investigation. Also, I have held a concealed weapons permit in my state in the past and have purchased numerous firearms before. So, I was shocked when I was arrested for this. I thought I was being honest on the form as I have in the past. The police told me the reason I never had a problem before was because this incident from 1999 didn't make it into the federal database until 2013. I was totally unaware. The last firearm I tried to purchase was prior to 2013. I have Been honorably discharged from the Marines and have always been a gainfully employed, law abiding citizen. Now, I will have to pay thousands of dollars to a lawyer to try to fix this. Then I have another battle getting my 2nd amendment rights restored...rights I never knew I lost. I am so scared that my life could be ruined over this. Don't need the mans permission Devil Dog. |
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Posted: 10/11/2019 1:38:08 PM EDT
[#30]
So much for the " Police will not obey". Bull fucking shit.
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Posted: 10/11/2019 2:12:26 PM EDT
[#31]
Following. This is the type of shit I see our state ag pulling in the near future.
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Posted: 10/11/2019 2:26:39 PM EDT
[#32]
Tagging for updates op. Welcome aboard and good luck to you.
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Posted: 10/11/2019 2:51:27 PM EDT
[#33]
I'm a little surprised that CT isn't way out in front on this kind of shit.
Good luck, OP. |
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Posted: 10/11/2019 6:59:00 PM EDT
[#34]
Quote HistoryQuoted:
Thought this was brought up already that juvenile records are sealed? ETA: See you are getting traction OP. Welcome, take no offense to anyone here. We are all probably Baker Acts... |
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Posted: 10/11/2019 8:05:41 PM EDT
[#35]
Quote HistoryQuoted: Thanks! It is my understanding that juvenile criminal records are sealed, however, any Baker Act stays on your record as long as you were older than 14 when it happened. It sucks, I was just a kid going through a rough spot due to my parents getting divorced. I didn't know it was involuntary treatment. Hell, I repressed most of those memories in the first place. Sad times we live in. |
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Posted: 10/11/2019 8:22:37 PM EDT
[#36]
Quote HistoryQuoted:
Who ordered the involuntary treatment or committment? |
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Posted: 10/11/2019 8:32:47 PM EDT
[#37]
Quote HistoryQuoted: Well, I talked to my mother and she seems to believe that she checked me in and nobody in an official capacity ordered it. But she is foggy on it as well seeing as it was 20+ years ago. I am anxious to see what, if anything, the prosecution gets from the state of PA. If it was ordered though, the FBI should have caught it when I went to MEPS to join the Marines at age 17. Nothing ever came up until now. Please keep us informed. |
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Posted: 10/11/2019 9:29:47 PM EDT
[#38]
Will do.
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Posted: 10/11/2019 9:35:55 PM EDT
[#39]
Quote HistoryQuoted:
Because according to VA state law, I'm not legally allowed to purchase a firearm if I was involuntarily held by a psychiatric institution as they are claiming. Trying to buy a gun in that situation is a misdemeanor in this state. Quote HistoryQuoted:
Quoted:
Why does he type misdemeanor next to psych commitment. Baker acts are not crimes and we do not report them in arrest records. Was there a court involved? ETA: I see that you don't remember one. I think your mom would remember if she had to go to court |
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Posted: 10/11/2019 9:42:01 PM EDT
[#40]
Quote HistoryQuoted: Thanks! It is my understanding that juvenile criminal records are sealed, however, any Baker Act stays on your record as long as you were older than 14 when it happened. It sucks, I was just a kid going through a rough spot due to my parents getting divorced. I didn't know it was involuntary treatment. Hell, I repressed most of those memories in the first place. Sad times we live in. |
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Posted: 10/11/2019 10:23:16 PM EDT
[#41]
Quote HistoryQuoted: Not a lawyer or a mental health professional, but i was under the impression only a court order could hold you in a hospital against your will. Was there a court involved? ETA: I see that you don't remember one. I think your mom would remember if she had to go to court |
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Posted: 10/11/2019 10:41:51 PM EDT
[#42]
In to see how this turns out. Keep us posted and I really hope it all gets straightened out. Really seems ridiculous.
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Posted: 10/11/2019 11:12:17 PM EDT
[#43]
This is infuriating.
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Posted: 10/11/2019 11:22:12 PM EDT
[#44]
Wow, thats insane and complete BS. Good luck.
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Posted: 10/11/2019 11:54:34 PM EDT
[#45]
What you describe would not qualify as DQ under FedLaw.
Perhaps VA law is more strict. |
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Posted: 10/11/2019 11:54:55 PM EDT
[#46]
Thank you all for your kind words of support. It certainly helps because I've been barely able to eat and can't get to sleep. I don't place much faith in our justice system these days.
I have lawyered up now and was told I don't have to show for the arraignment because he is going to take care of that. He did say this may take up to several months until the pretrial and trial (if it goes to that). It may be slow going but I definitely will keep you updated as things develop. |
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Posted: 10/12/2019 6:26:07 PM EDT
[#47]
Quote HistoryQuoted:
It's my understanding that Baker Acts are medical and protected by HIPPA. They shouldn't be in the system. 2) Since the facility where the OP was treated was in PA not VA, OP may also need an attorney in PA to un-fuck this and force the facility where he was treated to send the correct info to the FBI. Josh Prince is a decent 2A attorney in PA and may be able to help with that. @joshuap |
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Posted: 10/12/2019 7:06:49 PM EDT
[#48]
Tag for curiosity, hope this gets cleared up ricki tick
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Posted: 10/13/2019 1:23:16 PM EDT
[#49]
Quote HistoryQuoted:
John Pierce is theguy you want to talk to for Virginia gun issues. Great guy and specializes in this sort of thing. https://johnpierceesq.com/ There is a process by which you can petition your Circuit Court to restore your firearms rights for involuntary commitment. I did it for a few clients when I practiced in Virginia. John will take good care of you. |
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Posted: 10/13/2019 1:25:48 PM EDT
[#50]
Quote HistoryQuoted:
What you describe would not qualify as DQ under FedLaw. Perhaps VA law is more strict. |
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