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Re: VA has denied "Veterans" the right to own guns
Posted by -- on 1/13/08

    On 1/13/08, Paul Tyler wrote:
    > And finally, how do you interpret a court decision/order? What do you
    > mean by this?

    Involuntary commitment by court order. This will not include a 48 hour
    involuntary commitment for evaluation initiated by police, family or other
    non-judicial means unless it results in a court ordered commitment beyond
    48 hrs. If you are found to be a danger to self or society and ordered by
    a court to be committed until fit for release, that is a decision/order.

    Also, an involuntary commitment by a court to a drug/alcohol treatment
    program will likely be seen as a decision/order. If you voluntarily
    commit yourself and are there after diagnosed as a danger to self or
    society you can be reported to NICS.

    What the 2007 Act seems to change is the reporting by a government agency
    of an individual because of a diagnosis not confirmed by court order or
    made during the course of a voluntary commitment to a hospital. In other
    words; if a VA shrink says your nuts in his medical records and you
    receive benefits but the shrink does not seek an involuntary commitment, a
    government agency shall not submit that info to NICS.

    However, the Act does not appear to prohibit private shrinks from making
    such reports. So if you see a private shrink you may be reported to
    NICS. This Act does not apply to state requirements such as the Illinois
    FOID card. A state is free to set its own standards for firearm permits.
    Even though you are OK on NICS you may still be denied by state law.

     
     

 
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