right to bear arms questions

[choso]

What is the name of your state (only U.S. law)? NY

several years ago while i was in the military i spent some time in the a mental treatment facility for my social anxiety disorder. Part of the of reason why I am volunteered to go was because i was assured my right to bear arms would not be an issue. This was not to be the case, Several years after words I attempted to purchase a rifle and was declined. I attempted to get the information necessary to file a claim but the company i bought it from is not out of business and there appears to be no way to get the information. its my understand that repeated attempts to purchase a fire arm after being declined is illegal so i can not simply try again. My question is how can I go about getting my right to bear arms restored?

 

[Mass_Shyster]

the company i bought it from is not out of business and there appears to be no way to get the information.

What did you buy from this company, and what information are you looking for?

 

[choso]

What did you buy from this company, and what information are you looking for?

bit of a mis type there the company is NOW out of buisness and I can not get the application identification number of the purchase. I attempted to buy a .22 bolt action rifle.

 

[Proseguru]

What is the name of your state (only U.S. law)? NY

its my understand that repeated attempts to purchase a fire arm after being declined is illegal so i can not simply try again...

Where did you obtain this information?

 

[choso]

Where did you obtain this information?

I believe this came up while i was talking with NICS. (the good folks that do the screening). I have tried goggling the subject and have not come up with any sightings to this. Maybe somebody on here can confirm it?

 

[swalsh411]

Are you saying that the mental health records are not available because the treatment facility is out of business?

Were you given a specific reason you were declined? There is not a whole lot of grey area when it comes to what does and does not disqualify so to start with you need to know the exact reason you were disqualified. Generally speaking, voluntary mental health treatment where one is not committed or adjudicated to be incompetent is not disqualifying on the federal level. I do not know if Florida has more strict guidelines.

 

[choso]

Are you saying that the mental health records are not available because the treatment facility is out of business?

Were you given a specific reason you were declined? There is not a whole lot of grey area when it comes to what does and does not disqualify so to start with you need to know the exact reason you were disqualified. Generally speaking, voluntary mental health treatment where one is not committed or adjudicated to be incompetent is not disqualifying on the federal level. I do not know if Florida has more strict guidelines.

no the store i attempted bought the rifle from no longer has the purchase on file because they are out of business (well they might but every one I have contacted does not have a clue of who i can call to find out).

No the store did not give me a reason (but strangely in the same sentence proceeded to tell me I could buy the muzzle loading rifle I had picked out as well saying no background checks were needed for the muzzle loader, so to review, no to the .22 bolt action rifle, yes to the .50 muzzle loader ). which is part of the problem I would need that number from the application to see why I was declined and I just can not get it.

No i was never deemed "adjudicated to be incompetent" by a court of law.

so maybe i should elaborate on what I am trying to at the moment
1. I wish to purchase a .40 colt M1911 WWII issue hand gun
2. to purchase the hand gun I need a pistol permit
3. I am attempting to clear up what ever happened in the past in order to pass the background check for said permit
4. I am attempting to do this before PAYING the money to processes the permit and the required money down for the pistol.

 

[Proseguru]

so maybe i should elaborate on what I am trying to at the moment
1. I wish to purchase a .40 colt M1911 WWII issue hand gun
2. to purchase the hand gun I need a pistol permit
3. I am attempting to clear up what ever happened in the past in order to pass the background check for said permit
4. I am attempting to do this before PAYING the money to processes the permit and the required money down for the pistol.

You have a catch 22 here ... you don't want to spend the $$ for a permit but wish buy a gun w/o one, which you cannot do. The permit application will likely tell you what you need to know, yes?

 

[swalsh411]

Gun stores that go out of business are required to turn their records over to the ATF. But that's not your problem here. Your problem is that something in your record (correct or not) is marking you as disqualified to buy a gun. You need to find out what that is. You can go to any gun store, explain that you were denied in the past, don't know why, and would like to find out why. Don't give any more detail then that; it's not their right to know. If they press just say you really don't know why. There will be a phone number or brochure or something like that they can give you. They should be more than willing to help you hoping you will buy the gun there. You would not be the first person to be denied in error and you're not doing anything illegal by trying to clear that up.

 

[CdwJava]

I don't know how the gun store can be of any help except to hand them the state brochure or recommend an attorney that addresses firearms related law. The gun store has no access to the specific records nor do they have any special way to trace the background down.

Perhaps speaking to the state police can help: http://troopers.ny.gov/firearms/

THEY might be able to track down the source of the problem.

You might want to check wuith these folks, too.

http://www.opwdd.ny.gov/regs/hp_regs_firearms_text.jsp

And, for federal relief:

http://www.bjs.gov/content/pub/pdf/niaafrpc.pdf

Note that the denial could have come as a result NOT of a court adjudication of incapacity, but simply that you found yourself committed to the mental health facility. That is why you might have to seek relief if that is the reason you were denied.

 

[swalsh411]

Where you committed to the mental institution? If yes then you are ineligible unless your rights are restored. There is a big difference between "seeking mental health treatment" which is voluntary (like what happens to people on that show Intervention) and being committed to an institution. (i.e. forcibly admitted whether you wanted to go or not)

I don't know how the gun store can be of any help except to hand them the state brochure or recommend an attorney that addresses firearms related law. The gun store has no access to the specific records nor do they have any special way to trace the background down.

I never said they did. I just said they should be able to give him something that will point him in the right direction. It's not unheard of for a person to be denied, clear up the matter on their own without a lawyer, and then qualify. The system is far from perfect especially when dealing with old records.

 

[choso]

You have a catch 22 here ... you don't want to spend the $$ for a permit but wish buy a gun w/o one, which you cannot do. The permit application will likely tell you what you need to know, yes?

you misunderstand, I WILL pay the money for the permit, i just do not want to pay the money just to be declined, would rather fix the problem FIRST so that I do not waste money.

 

[choso]

I don't know how the gun store can be of any help except to hand them the state brochure or recommend an attorney that addresses firearms related law. The gun store has no access to the specific records nor do they have any special way to trace the background down.

Perhaps speaking to the state police can help: http://troopers.ny.gov/firearms/

THEY might be able to track down the source of the problem.

You might want to check wuith these folks, too.

http://www.opwdd.ny.gov/regs/hp_regs_firearms_text.jsp

And, for federal relief:

http://www.bjs.gov/content/pub/pdf/niaafrpc.pdf

Note that the denial could have come as a result NOT of a court adjudication of incapacity, but simply that you found yourself committed to the mental health facility. That is why you might have to seek relief if that is the reason you were denied.

that is some really helpful information, I will try to put in an email to these folks. does any know which bureaucracy I would need to apply to for the relief?

 

[CdwJava]

that is some really helpful information, I will try to put in an email to these folks. does any know which bureaucracy I would need to apply to for the relief?

Start with the state police. Since your records are maintained at the state level, that might be the first place to go to ask your questions. Try the firearms link to the state police and make phone or personal inquiries if you can.

 

[Proseguru]

What is the name of your state (only U.S. law)? NY

several years ago while i was in the military i spent some time in the a mental treatment facility for my social anxiety disorder. Part of the of reason why I am volunteered to go was because i was assured my right to bear arms would not be an issue.

never believe what people tell you who have a financial interest in the decision