Expert: n/a - 3/12/2009

Question
QUESTION: I thought fed law said you have to be adjudicated mentally incompetent or committed? I was never committed, nor do I remember going to court for adjudication.One shrink said I was fine, the next day other shrink said danger to self.I was never contacted by court or mental health again. Now 15 years later I apply for ccw permit, month later revoked because of this. I'm waiting on letter from shrink where i was revaluated in perfect standards to carry to sheriff.Just wondering if I wasn't committed or adjudicated mentally defective, why am I having to prove myself? Any clarification would be appreciated!

ANSWER: Somewhere in your files it was reported.  The NICS check picked it up and since the Virginia Tech incident all Mental Health Evaluations draw a red flag.  Right now you are dealing with the local authorities, if you appeal a NICS denial it goes into the hands of the Feds.

If the Sheriff said the letter would clear your name for a CCW that's a good thing.  You must also remember laws change all the time for different reasons. Especially un laws.

---------- FOLLOW-UP ----------

QUESTION: The information was picked up when I signed release form for mental health records. I have bought pistols before with no problem.Now where do I stand? Am I banned from buying guns period, what about all the pistols I have already bought? Are they going to take them? If I appeal ,do I stand a chance since I was not adjudicated mental defective nor commited to inpatient nor out patient treatment. The director of mental health said one person alone could not find you guilty, it take two with in 24 hrs to agree to danger to self? This criteria was not met.

Answer
A CCW Permit has nothing to do with purchasing a firearm.  If you already passed the NICS check then you are good as far as purchasing a weapon.  The CCW is to carry the weapon concealed only.
CCW's are at the descretion of the issuing agency.  If the Sheriff said he will give you the CCW with the letter from the Doctor then what is the problem?