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Old August 30, 2012, 10:17 PM   #1
Mosin-Nagant Nut
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Can I buy a gun?

Greetings forum, I am new here and have been wondering if it's possible for me to own a gun under my circamstances. So when I was thirteen or fourteen I had some issues which had to include the police. I was never taken to court but I was brought to the emergency room and evaluated, the doctors had suggested my parents to bring me to a mental institution for further evaluation. So my question is can I purchasse a gun without any legal issues? I know on the background check it's asked if I was adjudicated as mentally ill or involuntarily commited, so does my situation count as being involuntarily commited? I already own a rifle and am planning on buying another one, but I'm just paranoid that I might run in to some issues that might get me into some legal problems. I'm also planning on going to the mental hospital and ordering my medical documents to see if it says anything about being involuntarily commited, and I'm also going to call up the ATF and see if they can help me out as well. By the way I live in Maine if that will help out any. Any information would be deeply apreciated. Thanks in advance.

Mosin
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Old August 30, 2012, 10:51 PM   #2
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I can't answer your question as to whether it is legal or not, but if it turns out that you cannot legally buy a rifle, then it is also illegal for you to own the one that you already have...

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Old August 30, 2012, 11:34 PM   #3
Frank Ettin
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Quote:
Originally Posted by Mosin-Nagant Nut
...I already own a rifle and am planning on buying another one, but I'm just paranoid that I might run in to some issues that might get me into some legal problems....
Welcome to TFL.

But I'm afraid that I have to tell you that you really need to contact a lawyer who is knowledgeable about federal and state gun laws, and not look for answers here from us anonymous folks on the Internet.

[1] If you are prohibited from buying a gun, you are already committing a federal felony by being in possession of a gun. That is a very serious matter.

[2] Figuring out whether or not you are prohibited will require a very detailed review of all the information you can obtain about your time in or being evaluated by a mental institution. Maybe you are or maybe you aren't prohibited, but the details matter. Someone who understands this stuff needs to see and read all the documents.

[3] Some folks here may be qualified to help you, but many really are not.

[4] Your talking with your lawyer is confidential. What you say here is not. It can be read by everyone in the world with an Internet connection.

[5] You should not be talking about serious, real life legal matters with strangers in public.

I'm going to leave this thread open temporarily ONLY for recommendations for the OP of lawyers in Maine who might be able to help him. Any other posts will be deleted, and this thread will be closed.
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Old August 30, 2012, 11:49 PM   #4
Mosin-Nagant Nut
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Thank you Frank I know that it is a serius matter to own a gun when I am prohibbited it's just that I bought my gun through a licensed dealer, and had the background check done. The background check cleared and was able to walk away with my gun. But I'm just paranoid that it might have been a mistake. Since people who have had no criminal history have been flagged from being able to buy a gun. So it's possible that I had slipped through a crack in the system. Also I am unable to pay for a lawyer, is there any other alternative? Thanks again.

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Old August 30, 2012, 11:57 PM   #5
Frank Ettin
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Quote:
Originally Posted by Mosin-Nagant Nut
...it's possible that I had slipped through a crack in the system. Also I am unable to pay for a lawyer, is there any other alternative?...
The only way to be sure is to have the help of a qualified lawyer. You might choose to rely on the fact that you passed one background check, but as you said that could have been an error.

You can't expect really reliable help from the ATF. The ATF doesn't represent you. Also they won't review all your documents. They will only answer based on what you tell them. You could innocently leave something out or misinterpret something.

I realize that lawyers are expensive, but I'm afraid that's the route you really need to go.
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Old August 31, 2012, 09:12 AM   #6
Stressfire
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If the check was already done, I would assume it would be fine - like if the NICS check "delays" you, the dealer can still sell if they don't call back within 72 hours.

You might want to consult an attorney to be certain and to ease your mind, but AFAIK if a Judge did not order you to be institutionalized it doesn't really matter what doctors recommend

Talk to a lawyer - get it settled and go on your merry way buying as many as you want. A Legal Aid Society in your area might be willing to help you.
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Old August 31, 2012, 09:20 AM   #7
Frank Ettin
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Quote:
Originally Posted by Stressfire
....You might want to consult an attorney to be certain and to ease your mind, but AFAIK if a Judge did not order you to be institutionalized it doesn't really matter...
The problem is the "as far as we know part." The information provided by the OP is sketchy and vague. As a lawyer I would never try to form any sort of opinion on a real life matter based on such limited and unclear information.

That's one reason the OP needs to see a lawyer.

Let's focus please on information that might help the OP find a lawyer.
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Old August 31, 2012, 09:27 AM   #8
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Quote:
The problem is the "as far as we know part."
Precisely, though I can understand OP wanting to be vague as to this issue on a public forum, thus my agreement that in spite of whatever my opinion as a layperson might be OP should indeed contact an attorney.

www.abilitymaine.org/resource/guides/legal.html lists a few organizations. You could give them a call, the worst they can tell you is no
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Old August 31, 2012, 09:40 AM   #9
Baylorattorney
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Most definitely u need to hire counsel.
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Old August 31, 2012, 09:50 AM   #10
Spats McGee
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To reiterate some very good advice that has already been posted:
  • You need a lawyer.
  • You need a lawyer licensed in your jurisdiction.
  • You need a lawyer licensed in your jurisdiction who is versed in federal and state firearms law.
  • You do not need to continue posting about your situation on the internet, to a bunch of strangers, for all the world to see.

Good luck!
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Old August 31, 2012, 11:15 AM   #11
Mosin-Nagant Nut
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Greetings again, I know I shouldn't post private things on the internet but I don't know where else to ask. But anyways I had just spoken with the records department of the mental institution today to talk about my records, it was said that it was most unlikely that I had been involuntairily commited since I was a minor, and involuntary commitment is a rare occurance among minors. the records department also asked if I had been blue papered which I said I really didn't know, and that I don't recall ever being blue papered. The Records department has decided to look in to my records to see if I had been blue papered or not. So I'm just praying that it turns up to be nothing, and to be on the safe side I am looking for a lawyer that could help me with this matter. Thanks again.

Mosin
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Old August 31, 2012, 11:19 AM   #12
Glenn E. Meyer
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That ends it. Closed.
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