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Firearm Rights Restoration in Non-Criminal Case

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KDESwift

Junior Member
What is the name of your state? South Carolina

In July of 2003, I was involuntarily committed due to (according to the state) an attempted suicide. It was the only time in my life this has ever occurred.

I was later released and declared no longer a danger to myself or others with (as far as I remember) no provisos for that release.

As of January 2004, after consultation with a doctor, it was decided that I could function without medication and I have been without any prescription antidepressants since. Aside from 3 traffic violations in 2004-05 (too fast for conditions, speeding, and failure to dim), I have no other offenses on record.

My questions regard my rights to the possession of a firearm. I wish to purchase a rifle and/or a small-bore pistol primarily for target shooting (a hobby of mine) and I want to keep this all on the level. None of South Carolina's official websites give any clear, straight answers on this.

1. Given the conditions under which I was committed and the fact that it was recognized that I was no longer a danger, would my civil rights have been restored de facto at the hearing for my discharge from the hospital?

2. Is it possible this would not come up in a Brady check to begin with given the way it was handled, and is there a way to know my exact status without the hassle of attempting a purchase first? I would think somewhere in the public record I could access such info.

3. If, for some reason my full rights have not been restored, is there a procedure in South Carolina for restoring my right to possess a firearm? If I remember correctly, the latest bill passed provised that this was done mostly at the state level but if SC has such a process, they're tight-lipped about it.

4. Barring application for a CCW, is there any other difference in the law regarding handgun possession vs. rifle possession that would be relevant in my case?

Any help is appreciated. Thanks!
 


KDESwift

Junior Member
So I pretty much have to either attempt a purchase or apply for a CCW first?
I know the CCW form has a check box that asks applicants if they've been committed. Does this necessarily preclude eligiblity to answer yes given that they don't ask if firearm rights have been restored?
Would it be wise to attach any related court documents to such an application if I can find one that explicitly states I'm no longer a danger to anyone?
 

FlyingRon

Senior Member
A CCW is a different issue than being allowed to possess a firearm.
Whether you buy a gun before the CCW is up to you. You have to decide if not having a CCW would alter the decision to purchase the gun. A CCW is not necessary for target shooting.

SC doesn't bar you from possessing weapons unless you are judged mentally incompetent. It would appear your transitory commitment probably doesn't bar you. That determination is made by a judge, not medical professionals.

I don't see anything that puts a more stringent requirement on the CCW. Most likely the question about commitment is a flag that they will probably want more information to make sure you aren't mentally incompetent. Attaching a report from a board certified psychiatrist (not just some family practitioner) would probably stave off some delays where they ask for more information.
 

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