Law abiding citizen picked up by law enforcement for trying to purchase a handgun. Unbelievable! - Page 2

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[ARCHIVED THREAD] - Law abiding citizen picked up by law enforcement for trying to purchase a handgun. Unbelievable! (Page 2 of 2)

Posted: 10/13/2019 5:39:46 PM EDT

[#1]

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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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I'm kind of surprised that Connecticut hasn't made PEC admissions a firearm disqualifier, especially since the state made voluntary admissions a disqualifier (though the prohibition is substantially shorter than the window that the state references for probate court commitments and findings of not guilty by insanity). One reason why I believe that may be the case is that many instances in which people go to the hospital on PECs are evaluative (i.e. get sent to the ED from a outpatient provider, get evaluated, and then dc'ed within a couple of hours).

Posted: 10/14/2019 11:37:32 AM EDT

[#2]

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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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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...

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.

'Baker Act' is a Florida thing.
It does not apply in Virginia.
We have our own laws.

Posted: 10/15/2019 6:02:19 PM EDT

[#3]

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'Baker Act' is a Florida thing.
It does not apply in Virginia.
We have our own laws.

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Yeah, I was apparently 302'd in PA which has been a federal disqualifier. However, I found a two month old decision from a federal court in PA that may contradict this thing.

monumental-decision-second-federal-court-rules-a-pennsylvania-302-mental-health-commitment-insufficient-to-trigger-a-federal-firearms-disability/amp/

Posted: 1/30/2020 11:17:52 PM EDT

[#4]

As promised, I am coming with an update on my situation. Good news...I had my preliminary hearing in VA today. The prosecutor, my defense attorney, and myself were called to the bench. The state moved for dismissal and the judge said, "Case dismissed. Have a great day." Apparently, a 302 in Pennsylvania doesn't meet the criteria for a 2A disqualification by Virginia standards. I feel so relieved.

I have an expungement hearing in PA in late March. And my VA attorney is going to file to have the dismissed charges expunged as well!

Posted: 1/30/2020 11:28:57 PM EDT

[#5]

Hopefully it's a teachable moment. Prosecutors should be briefing LEOs on what is and what is not an offense so this doesn't happen to the next person.

Posted: 1/30/2020 11:31:45 PM EDT

[#6]

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Hopefully it's a teachable moment. Prosecutors should be briefing LEOs on what is and what is not an offense so this doesn't happen to the next person.

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When an FFL gets a "Deny" response from NICS the reason isn't given. People like the OP have to un-fuck their data themselves.

Posted: 1/30/2020 11:39:49 PM EDT

[#7]

If you don’t mind me asking, what did this end up costing you? I understand if you’d rather not say but your experience and story can be a good teaching point to others, including how much it can cost someone to “fix” something like this.

Congratulations on what seems to be a successful effort to sort this all out. Sorry you had to go through this.

Posted: 1/30/2020 11:57:13 PM EDT

[#8]

And people wonder why servicemen and women, law officers, etc, skip going to talk about things with a “professional”.

They knew most states were lax on the hows and whys of treatment records. Lump em all in the prohibited group.

Posted: 1/31/2020 12:03:18 AM EDT

[#9]

Congratulations on the dismissal. That’s great news. It sucks that you even had to go through all of the stress and costs. Please keep us updated on the PA outcome too.

Posted: 1/31/2020 12:29:19 AM EDT

[#10]

Virginia: $4000 up front. It will be another $1500 to seek expungement to erase the charges from the record, which I intend to do.

Pennsylvania: $4000 up front, $318 in filing fees, $600 for a psychological evaluation, and whatever the doctor's expenses/charges to come as a witness will be (likely around $2000).

Assuming that I win in PA as well, this whole thing will cost just under $13,000.

Posted: 1/31/2020 12:32:40 AM EDT

[#11]

Virginia: $4000 up front. It will be another $1500 to seek expungement to erase the charges from the record, which I intend to do.

Pennsylvania: $4000 up front, $318 in filing fees, $600 for a psychological evaluation, and whatever the doctor's expenses/charges to come as a witness will be (likely around $2000).

Assuming that I win in PA as well, this whole thing will cost just under $13,000.

Posted: 1/31/2020 8:22:30 AM EDT

[#12]

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Virginia: $4000 up front. It will be another $1500 to seek expungement to erase the charges from the record, which I intend to do.

Pennsylvania: $4000 up front, $318 in filing fees, $600 for a psychological evaluation, and whatever the doctor's expenses/charges to come as a witness will be (likely around $2000).

Assuming that I win in PA as well, this whole thing will cost just under $13,000.

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Man, that’s really unfortunate. Thank you for sharing your story and the details.

Posted: 1/31/2020 8:34:12 AM EDT

[#13]

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Man, that’s really unfortunate. Thank you for sharing your story and the details.

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Virginia: $4000 up front. It will be another $1500 to seek expungement to erase the charges from the record, which I intend to do.

Pennsylvania: $4000 up front, $318 in filing fees, $600 for a psychological evaluation, and whatever the doctor's expenses/charges to come as a witness will be (likely around $2000).

Assuming that I win in PA as well, this whole thing will cost just under $13,000.

Man, that’s really unfortunate. Thank you for sharing your story and the details.

no shit. $13k to be spent that he already paid taxes on to fix a bullshit government false positive that his taxes paid to cause in the first place. And he used to work for them to boot. In the meantime, actual gun related crimes are going unpunished every single day. What a clusterfuck, sorry OP.

Posted: 1/31/2020 9:07:18 AM EDT

[#14]

Dang OP, glad it looks like you will be able to put this behind you. Good Luck.

Posted: 3/11/2020 5:03:48 PM EDT

[#15]

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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.

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Did you have a security clearance in the military that required FBI agents to investigate?

Posted: 3/11/2020 10:56:22 PM EDT

[#16]

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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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Baker act is a Florida thing.
Not applicable in Virginia.
They should have ignored it since you were a minor at the time.

Posted: 3/11/2020 11:14:16 PM EDT

[#17]

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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.

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Why does he type misdemeanor next to psych commitment. Baker acts are not crimes and we do not report them in arrest records.

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.

As a Minor, it is not like you could say, "No Thanks"... If it were court ordered, that would be involuntary (hearing held - testimony presented - you get to say your side). But I don't see it being the same if a parent says , Timmy is not doing well - keep him here over the weekend and I'll be back Monday" because ANY minor in treatment would all be "involuntary" because a Minor can't refuse "treatment" or demand to be released.

Am I right?

[ARCHIVED THREAD] - Law abiding citizen picked up by law enforcement for trying to purchase a handgun. Unbelievable! (Page 2 of 2)

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