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Old January 25, 2013, 01:00 AM   #1
bloodtear
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AZ friend needs legal advice...

Hi, everyone. I am new here and need legal help from anyone who knows. I tried searching online without definitive results. Anyway, a friend of mine had his guns temporarily repossessed for six months because of involuntary comittal for depression and suicidal ideation (with one of his guns). Out of respect for him I will not go into the personal details, only the legal. The police had approved returning to him his guns after six month diversional (sp?) plea... I hope someone is familiar with this. Then - about a month later - he got a letter from DPS in Arizona stating his Concealed Carry is permanently revoked and that he is now a prohibited possessor! This - AFTER the police gave him back the guns. He asked me (because of our mutual interest in firearms, self-defense, etc.) what to do and I have no idea. He is a kind and decent person; if he was not, I would never ask for help for him. He is wondering if it is legal to just sell them all or if he can get an attorney to reinstate his rights or something else? I told him it might not be a good idea to try to re-sell them but then again, AZ has no registry so I don't know what should be done. Just need some advice, if anyone can help, we'd appreciate it. Thank you.
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Old January 25, 2013, 01:02 AM   #2
BarryLee
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Quote:
he can get an attorney
Really this is his best option right now.

Good Luck
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Old January 25, 2013, 01:17 AM   #3
johnwilliamson062
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He should get an attorney and he should get the guns into someone else's possession IMO. He is committing a felony as long as he possesses them.

How long was he involuntarily committed? Pretty sure it has to be for an "extended period"

If it was for an extended period, he is a prohibited person.
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Old January 25, 2013, 01:18 AM   #4
therealdeal
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he should talk to an attorney immediately. I am guessing said attorney who deals w/these situations should be able to legally fix this scenario. At the very least this lawyer can explain the details, his rights, the obstacles, possibilities, how much money he wants to help, etc. Usually criminal lawyers and/or lawyers of these types accept 'flat fees' to do the deed(s). On the contrary, a divorce lawyer as one example will demand a retainer and just charge by the hour(unknown end amount being charged and/or owed).

This is AZ, so your friend has hope. Also, it doesn't seem on the surface that AZ is doing anything wrong. Let's say someone gets a DUI. Yeah, you can get your license back BUT if one HAD an attorney ahead of time and/or during the process, he/she probably would have said DON'T get your license back: "The DMV is gonna send you a letter and/or suspend again anyways, so there is no need to reinstate it & no need to waste your money."

There might also be a grace period to fix this. Like a disabled veteran might have one year to appeal a service-connected disability ruling as an example. It is best that your friend DOES SOMETHING. The worst that happens he pays some money to talk to the guy/gal(lawyer), but he probably can do this at least to some extent for free. I do not know if there were any final rulings against your friend, but really is what happened in his life a final judgement? I don't know but why would it be? Again I don't have the answer or enough information. Sometimes someone has to pay a lawyer to fix their record(trim it around the edges...expunge charges that should not show on checks and so-on). Should one have to do this? I guess not, but life is a (fill in the blanks) and then we die. Sorry, that is an old saying that was on the fridge of my friend's mother growing up....

In my opinion it is in his best interest to do something about this situation, but in the end it is your friend's life. No matter what he wants to do, I still think it is worth the time and money to 'clean house' this situation.

good luck

ps- I am not lawyer; this is just my dollar bill of advice.

all the best

part 2

Quote:
He should get an attorney and he should get the guns into someone else's possession IMO. He is committing a felony as long as he possesses them.
good point and/but I am guessing there would be a timeperiod for him to comply to letter requirements as well as his rights to appeal, etc......
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Old January 25, 2013, 08:56 AM   #5
AH.74
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Quote:
How long was he involuntarily committed? Pretty sure it has to be for an "extended period"

If it was for an extended period, he is a prohibited person.
I am not aware of any time condition. Under federal law the question is: "have you ever been committed", period.

I also agree with the recommendation to speak to an attorney.
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Old January 25, 2013, 09:35 AM   #6
Willie Sutton
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You need an attorney, not opionions from an internet forum.


Willie

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Old January 25, 2013, 11:12 AM   #7
Spats McGee
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Your friend needs to talk to an attorney experienced in: (1) federal firearms law; and (2) AZ firearms law. What he does not need is details of his case exposed on the internet. Anything that your friend tells to his attorney is confidential. Stuff that you post on the internet is not.

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Old January 25, 2013, 11:36 AM   #8
bloodtear
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Quote:
How long was he involuntarily committed? Pretty sure it has to be for an "extended period"
The minimum required by law: 23 hours in triage, 23 hours in inpatient. He was out in 46 hours.

Quote:
Your friend needs to talk to an attorney experienced in: (1) federal firearms law; and (2) AZ firearms law. What he does not need is details of his case exposed on the internet. Anything that your friend tells to his attorney is confidential. Stuff that you post on the internet is not.
I agree and feel uncomfortable with it but he asked ME to check around for him, for obvious reasons.
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Old January 25, 2013, 11:38 AM   #9
bloodtear
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Thanks to everyone for responding, btw.
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Old January 25, 2013, 11:40 AM   #10
4V50 Gary
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Let's consider this matter resolved. He needs an attorney to help restore his rights. The best the internet could do is to recommend an attorney whose practice is in just this area.
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