denied renewal of FID card for shotgun

frank cartwright · January 12, 2013, 10:26 AM

Hello,I am trying to renew my FID card, the clerk at my Police Dept stated I need to have my doctor fill out and sign a "Physician affidavit Form" because recently I was evaluated(by a Court House appointed psychiatrist ) and brought before the Judge.The reason was my 84 yr old Mother felt I was a danger to myself because I was unemployed and live alone and called the police.The psychiatrist verified I had no symptoms of depression or any mental illness.I have never been institutionalized or arrested or under anyone's care for mental illness or have a criminal background.General Law:Chapter 140 Section 129B states: (1) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a firearm identification card, or renewal of the same, which the licensing authority shall issue, unless the applicant :has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun.My problem is as I stated earlier,I have never been hospitalized or treated,by anyone for mental illness.How can my Doctor vouch for me regarding a condition or history I never had? My doctor feels he is not a psychiatrist to make such a call even if I had a history.He also feels if I did something illegal with the shotgun(which of course I wouldn't do)he would be liable and won't sign the affidavit.What can I do if my Doctor is being irrational? The affidavit was worded in such a way your guilty of a mental illness I never had! I would hate to think I cannot have my property returned or obtain an FID card based on my Mother's untrained evaluation or a stupidly worded form. Thanks.Frank Cartwright.

MLeake · January 12, 2013, 10:42 AM

You need to get an attorney. You need to not give your personal details to the internet, regarding potentially pending legal action.

**Spats McGee** · January 12, 2013, 11:35 AM

Welcome to The Firing Line, frank!

MLeake is exactly right.

**Frank Ettin** · January 12, 2013, 12:03 PM

I agree with MLeake and Spats.

Sir,

You need to consult a qualified lawyer. If someone has a real life, serious, personal legal matter to deal with, the Internet is a lousy place to come. You are almost guaranteed to get some real bad advice from people who don't really know what they're talking about (there may be some good advice too, but it'll hard sometimes to tell the difference).

But most importantly, what you discuss with your lawyer is confidential. What you post here is not.

I'm closing this thread.

January 12, 2013, 10:26 AM	#1
frank cartwright Junior Member Join Date: January 11, 2013 Posts: 1	denied renewal of FID card for shotgun Hello,I am trying to renew my FID card, the clerk at my Police Dept stated I need to have my doctor fill out and sign a "Physician affidavit Form" because recently I was evaluated(by a Court House appointed psychiatrist ) and brought before the Judge.The reason was my 84 yr old Mother felt I was a danger to myself because I was unemployed and live alone and called the police.The psychiatrist verified I had no symptoms of depression or any mental illness.I have never been institutionalized or arrested or under anyone's care for mental illness or have a criminal background.General Law:Chapter 140 Section 129B states: (1) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a firearm identification card, or renewal of the same, which the licensing authority shall issue, unless the applicant :has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun.My problem is as I stated earlier,I have never been hospitalized or treated,by anyone for mental illness.How can my Doctor vouch for me regarding a condition or history I never had? My doctor feels he is not a psychiatrist to make such a call even if I had a history.He also feels if I did something illegal with the shotgun(which of course I wouldn't do)he would be liable and won't sign the affidavit.What can I do if my Doctor is being irrational? The affidavit was worded in such a way your guilty of a mental illness I never had! I would hate to think I cannot have my property returned or obtain an FID card based on my Mother's untrained evaluation or a stupidly worded form. Thanks.Frank Cartwright.

January 12, 2013, 11:35 AM	#3
Spats McGee Staff Join Date: July 28, 2010 Location: Arkansas Posts: 8,821	Welcome to The Firing Line, frank! MLeake is exactly right. __________________ I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.

January 12, 2013, 12:03 PM	#4
Frank Ettin Staff Join Date: November 23, 2005 Location: California - San Francisco Posts: 9,471	I agree with MLeake and Spats. Sir, You need to consult a qualified lawyer. If someone has a real life, serious, personal legal matter to deal with, the Internet is a lousy place to come. You are almost guaranteed to get some real bad advice from people who don't really know what they're talking about (there may be some good advice too, but it'll hard sometimes to tell the difference). But most importantly, what you discuss with your lawyer is confidential. What you post here is not. I'm closing this thread. __________________ "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

January 12, 2013, 10:42 AM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	You need to get an attorney. You need to not give your personal details to the internet, regarding potentially pending legal action.