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Old March 22, 2013, 02:06 PM   #3
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 5,557
I had the very same reservations, so I pulled the actual bill. If it passes (& it hasn't yet), the procedure looks something like this:
  • Doctor makes diagnosis of mental illness;
  • Doctor must report same to county prosecuting attorney, if person is an immediate danger to self or others and should not possess firearms;
  • Prosecuting attorney files petition with circuit court requesting a search and seizure for and of firearms;
  • Court appoints public defender to represent patient;
  • Court holds hearing involving both prosecution and defense on the petition;
  • Makes determination on petition and what should happen with firearms and ammunition, if seized;
  • After one year, person diagnosed may petition for return of firearms, if they were not destroyed.

There are a few other wrinkles, but that's the basic framework.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
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