Certain persons may be categorically or temporarily prohibited from possessing firearms. People convicted of certain criminal offenses may be forever prohibited from firearm possession, whereas certain convictions and situations lead to temporary restrictions. Persons committed to mental health facilities, either voluntarily or involuntarily, may face restrictions on firearm possession.
While a voluntary commitment does not strip a person of their Second Amendment rights, it is not uncommon for voluntary commitments to cause the authorities to mistakenly and erroneously believe that the person is prohibited from firearm possession. Thus, litigation may be required to clear the person’s record and reestablish their lawful right to possess firearms.
Even if a person was involuntarily committed, they may still have rights to possess firearms if they obtain a judgment from the appropriate court declaring that they no longer pose a threat to themselves or others. Consult with Brittenburg Law concerning this course of action, as the state of residency and the location where the commitment occurred may affect your rights. The legal disability does not necessarily have to be permanent. With the assistance of expert witnesses, we may be able to demonstrate to a court sufficient evidence to justify the restoration of your right to possess and carry firearms.
Contact Brittenburg Law for legal guidance regarding your rights and options.