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A question about Firearm Prohibition based on Hospital Commital

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Rich1178

Junior Member
What is the name of your state (only U.S. law)? Maine

Hi, a little over 5 years ago I was "White Papered": Non- Voluntarily Commited to a Mental Hospital for long term. (4 months) For cercumstances I really didn't have any say or rights on. And I read the Maine statute online and I saw something about sending an application to the state after a period of after 5 years and you can seek to get the prohibition lifted. So last October I began my journey for restoration by sending in application to the State of Maine and they sent me my paperwork back and sent me something that Maine is no longer exsepting applications based on Mental Hospital Adjudication because there was conflict in the Maine statute with Federal law. "Whatever that may be" So last fall I was living in New Hampshire but I moved back to Maine this Winter. i contacted a lawyer out there that is recognized by the state of Maine however her rates were to high. Now I am currently seeking the guidance of a new lawyer that provides me more economical rates. What my question is for this forum is: Is there any helpful information or paperwork I can obtain from the ATF and if Maine has a conflict with federal law with something in this statute can the feds approove a prohibition lift with the state and if it is a lengthy process with time and money? I really don't want to loose my firearm rights for life.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Maine

Hi, a little over 5 years ago I was "White Papered": Non- Voluntarily Commited to a Mental Hospital for long term. (4 months) For cercumstances I really didn't have any say or rights on. And I read the Maine statute online and I saw something about sending an application to the state after a period of after 5 years and you can seek to get the prohibition lifted. So last October I began my journey for restoration by sending in application to the State of Maine and they sent me my paperwork back and sent me something that Maine is no longer exsepting applications based on Mental Hospital Adjudication because there was conflict in the Maine statute with Federal law. "Whatever that may be" So last fall I was living in New Hampshire but I moved back to Maine this Winter. i contacted a lawyer out there that is recognized by the state of Maine however her rates were to high. Now I am currently seeking the guidance of a new lawyer that provides me more economical rates. What my question is for this forum is: Is there any helpful information or paperwork I can obtain from the ATF and if Maine has a conflict with federal law with something in this statute can the feds approove a prohibition lift with the state and if it is a lengthy process with time and money? I really don't want to loose my firearm rights for life.
Here is a link to the laws in Maine on firearms and psychiatric hospitalization and to the applicable Federal laws:
http://www.maine.gov/dhhs/samhs/mentalhealth/rights-legal/firearms-laws.shtml

Refer in the link to 34-B M.R.S.A. §3864 (5)(A-1), Involuntary Commitment Hearing, and to 15 M.R.S.A. §393 (4-A), Application for relief, where it is stated that relief from gun possession prohibition in Maine does not end the federal prohibition on firearm possession.

Cases are cited at the bottom of the linked page.
 

Rich1178

Junior Member
That doesn't seem right at all. I mite as well leave the country. If someone has unfortunate cercumstances a long time ago and citizens in the state of Maine can not ever seek to get the prohibition lifted than thats not right. I am tempted to call my state representive so they can institute legislation in the state. Just because the state isn't upto code with NICS computer system. Thre is a lot of States like that. If I have exihibitted good conduct then I should be able to apply to get my rights restored. It wasn't even a criminal charge. I really didn't even have a chance to defend myself at the white paper hearing. There must be a way around this. If I go back and challenge the white paper order or something its gonna take big bucks to a lawyer. I really don't belive in the United States of America the constition says right to bear arms and if something happens to you non criminal, even felons and domestic abusers can get there rights resrtored. And if you were committed along time ago to the hospital you can't. Thats not right. Maine needs to clean up its act. I was aware of the 2nd post's letter with the state laws. That offers me no solution. The only alternative I see is initially challenging the white paper order as unfair and innacurate and somehow getting the white paper a nulled. I don't know what to do. At any rate I'm going to have to invest alot of money in a lawyer.
 

Zigner

Senior Member, Non-Attorney
You are disqualified. Form 4473 Question 11 f. There is no relief.
That doesn't seem right at all. I mite as well leave the country. If someone has unfortunate cercumstances a long time ago and citizens in the state of Maine can not ever seek to get the prohibition lifted than thats not right.
It's federal law, not state law. Form 4473 is from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
 

xylene

Senior Member
Maine can't change federal law.

I can tell you you "I'm going to leave America" schtick is not helping either. You need to look at this realistically.

You were involuntarily committed for months, and that doesn't happen for no reason or out of unfairness.

Think of the political climate about this issue (mental health and guns) and realize you are going to be getting nowhere fast on this no matter what you spend.
 

quincy

Senior Member
That doesn't seem right at all. I mite as well leave the country. If someone has unfortunate cercumstances a long time ago and citizens in the state of Maine can not ever seek to get the prohibition lifted than thats not right. I am tempted to call my state representive so they can institute legislation in the state. Just because the state isn't upto code with NICS computer system. Thre is a lot of States like that. If I have exihibitted good conduct then I should be able to apply to get my rights restored. It wasn't even a criminal charge. I really didn't even have a chance to defend myself at the white paper hearing. There must be a way around this. If I go back and challenge the white paper order or something its gonna take big bucks to a lawyer. I really don't belive in the United States of America the constition says right to bear arms and if something happens to you non criminal, even felons and domestic abusers can get there rights resrtored. And if you were committed along time ago to the hospital you can't. Thats not right. Maine needs to clean up its act. I was aware of the 2nd post's letter with the state laws. That offers me no solution. The only alternative I see is initially challenging the white paper order as unfair and innacurate and somehow getting the white paper a nulled. I don't know what to do. At any rate I'm going to have to invest alot of money in a lawyer.
It is not Maine's laws that you need to work on changing. It is the federal laws.

You can invest in a lawyer or you can, on your own, write to your Congressmen and attempt to initiate change in that way. Here is a link to contact information for Maine's two senators and two representatives: http://www.contactingthecongress.org/cgi-bin/newseek.cgi?site=ctc2011&state=me

As a note: Many other countries place far more restrictions on gun possession than does the US.
 

Rich1178

Junior Member
From what I've read and researched for now and what my lawyer has told me is the State of Maine does not offer any relief from the "White paper" prohibition. To my understanding there is a conflict with with the State and federal statute in regard to the state not being able to share data as well with NICS and that there needs to be better record sharing. That is my understanding. My question to the senior members is: What is your qualifications with the law in general and in your opinion do you think is there any process i can go threw that will enable me to restore my firearm rights anytime in my lifetime. I'm in my mid 30s.
 

Zigner

Senior Member, Non-Attorney
From what I've read and researched for now and what my lawyer has told me is the State of Maine does not offer any relief from the "White paper" prohibition. To my understanding there is a conflict with with the State and federal statute in regard to the state not being able to share data as well with NICS and that there needs to be better record sharing. That is my understanding. My question to the senior members is: What is your qualifications with the law in general and in your opinion do you think is there any process i can go threw that will enable me to restore my firearm rights anytime in my lifetime. I'm in my mid 30s.
Your question(s) has (have) already been answered above.
 

quincy

Senior Member
From what I've read and researched for now and what my lawyer has told me is the State of Maine does not offer any relief from the "White paper" prohibition. To my understanding there is a conflict with with the State and federal statute in regard to the state not being able to share data as well with NICS and that there needs to be better record sharing. That is my understanding. My question to the senior members is: What is your qualifications with the law in general and in your opinion do you think is there any process i can go threw that will enable me to restore my firearm rights anytime in my lifetime. I'm in my mid 30s.
Whether your rights to possess a firearm will be restored in your lifetime depends not only on changes to the federal laws but also on how long you live.

There are many groups throughout the country (the Coalition for a Safer Maine, to name just one) that are working to strengthen and expand the restrictions on gun ownership (whether the restrictions are due to white-paper commitment by a judge or blue-paper commitment by a health care professional).

You have, from the US Supreme Court decision in District of Columbia v. Heller, Justice Antonin Scalia speaking for the Court when he said, " ... nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill."

That said, you can probably find some sympathy for your plight and some support for your right to possess a firearm by contacting the NRA.

You can also look to a 2014 US Court of Appeals decision in the 6th Circuit, if you want to believe that eventually your rights to possess a firearm might be restored despite your previous commitment to a mental institution.

Here is a link to the 6th Circuit decision in Clifford Charles Tyler v. Hillsdale County Sheriff's Department, et al, which might hold some interest for you:

http://www.ca6.uscourts.gov/opinions.pdf/14a0296p-06.pdf

There are people in this country who believe those who have been judged mentally ill should be able to possess a gun, so you could find company in your quest to change the laws and restore your right to possess a firearm. Like xylene, though, I do not think the political climate in this country will allow for a change to the extent you desire.
 
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Rich1178

Junior Member
I have researched this to the fullest Zigner and Xlene are both wrong. Just because stupid people give you likes, whatever you have no buisness preaching law. I don't know your qualifications. Well trust me I'm used to people not accepting who i am, sunshine :mad: catch my drift. There is currently a propasal going on in comitee right now in gun right laws a provision in my state legislature to enable the state data base to upgrade to the NICS database based on Mental Hospital adjudication. Thats where its at. You can try to troll me out, whatever. Those to persons on this forum have no idea what they are talking about. You know how I know this because I spoke with my state reprentive lately. And I contacted the ATF they told me the exact same thing.
 
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quincy

Senior Member
I have researched this to the fullest Zigner and Xlene are both wrong. Just because stupid people give you likes, whatever you have no buisness preaching law. I don't know your qualifications. Well trust me I'm used to people not accepting who i am, sunshine :mad: catch my drift. There is currently a propasal going on in comitee right now in gun right laws a provision in my state legislature to enable the state data base to upgrade to the NICS database based on Mental Hospital adjudication. Thats where its at. You can try to troll me out, whatever. Those to persons on this forum have no idea what they are talking about. You know how I know this because I spoke with my state reprentive lately. And I contacted the ATF they told me the exact same thing.
Oh, I have a feeling everyone here accepts you for who you are. :)

You received accurate information in your thread. And I am glad to hear you took my suggestion to contact one of your state's representatives.

You know, sometimes posters to this site actually return to THANK the volunteers on this forum for the information that was provided. Afterall, the volunteers here have used their own free time trying to assist with a poster's problem, at absolutely no cost to the poster. I find this a remarkably nice service for those who cannot otherwise afford legal help.

Good luck with your quest to change the laws, and good luck in your life.
 

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