Snuggles33 Posted August 26, 2020 at 06:25 PM Share Posted August 26, 2020 at 06:25 PM Back in March of 2016 I had a mental breakdown where I threatened suicide to my ex wife. I was under a tremendous amount of stress from school and under the influence of alcohol. My ex called the police because she was worried I'd go through with it. The police showed up and I told them the whole story and situation. After that I was taken voluntarily to the hospital for detoxing overnight and I was in a respit facility for one day (did not count as an involuntary mental health visit). Less than a week later I received a letter from ISP saying that I had to surrender my FOID and complete a firearms transfer/disposition because I was a clear and present danger to myself or others. I moved out of state later that year (December 2016) and have been living in a different state since. I have not had any history of suicidal ideations before or after this event and have seen a psychiatrist the entire time I've lived out of state. I am a healthy individual and have never had any issues with the law or any other mental health breakdowns. Since I live out of state, I am wondering if there's anyway I can appeal the Illinois ISP to give me my gun rights back since I'm sure they have reported that incident to the NICS. Or if that isn't possible how to go about seeing if I'm allowed to have a firearm according to the NICS. Or if I am not allowed to have a firearm according to the NICS, then appealing them if I cannot appeal ISP. Any information that anyone can gather would be tremendous. Thank you. -A previous gun owner Link to comment Share on other sites More sharing options...
2A4Cook Posted August 26, 2020 at 06:36 PM Share Posted August 26, 2020 at 06:36 PM Why are you worried about a FOID if you reside in another state? Link to comment Share on other sites More sharing options...
bmyers Posted August 26, 2020 at 06:39 PM Share Posted August 26, 2020 at 06:39 PM As it was pointed out, if you aren't living in Illinois, Illinois is not a concern for you. What you do have to be concerned about is meeting the requirements for the State you live in and any applicable Federal regulations. Link to comment Share on other sites More sharing options...
Snuggles33 Posted August 26, 2020 at 06:43 PM Author Share Posted August 26, 2020 at 06:43 PM I'm not worried about FOID, I was wondering if going through Illinois would be the best way to appeal my stamp of "clear and present danger." What is ridiculous to me is that there isn't anyway besides trying to buy a firearm to see if NICS has blocked me from purchasing a firearm. How would I go about finding out legally if I can own a firearm? That's probably a better question to ask, since dealing with ISP is probably not the way to go about finding out a record with NICS, obviously. Link to comment Share on other sites More sharing options...
101abn Posted August 26, 2020 at 07:11 PM Share Posted August 26, 2020 at 07:11 PM Go try to purchase a firearm. You will get your answer. Sent from my iPhone using Tapatalk Pro Link to comment Share on other sites More sharing options...
Snuggles33 Posted August 26, 2020 at 07:17 PM Author Share Posted August 26, 2020 at 07:17 PM Go try to purchase a firearm.You will get your answer. Sent from my iPhone using Tapatalk Pro On the ATF form 4473, under 21F I would have to put yes to "Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?" I have heard that it's illegal to attempt to purchase a firearm if you're not allowed to own one as going to the point of sale is illegal to do so. Link to comment Share on other sites More sharing options...
2A4Cook Posted August 26, 2020 at 07:22 PM Share Posted August 26, 2020 at 07:22 PM Answer truthfully and see what happens? Maybe attach a current mental state assessment 8f your ffl objects? Link to comment Share on other sites More sharing options...
Bubbacs Posted August 26, 2020 at 07:36 PM Share Posted August 26, 2020 at 07:36 PM Why ask an Illinois forum about what might happen in what ever state you now live in.What are the laws in that state?You seem to want a firearm badly, then go attempt to buy one!Only after you either get one....or are denied will you have your answers.And then you can enjoy the new firearm or you can start a process to restore your rights. Link to comment Share on other sites More sharing options...
101abn Posted August 26, 2020 at 07:48 PM Share Posted August 26, 2020 at 07:48 PM He lost his rights and flagged by Illinois, as i said try to purchase a firearm truthfully. If your denied i would think you restore your rights from whom flagged you. This would be a question for Molly. Sent from my iPhone using Tapatalk Pro Link to comment Share on other sites More sharing options...
Snuggles33 Posted August 26, 2020 at 08:03 PM Author Share Posted August 26, 2020 at 08:03 PM He lost his rights and flagged by Illinois,as i said try to purchase a firearm truthfully.If your denied i would think you restore your rights from whom flagged you. This would be a question for Molly. Sent from my iPhone using Tapatalk ProHow do I get in contact with Molly? As long as I answer truthfully on the ATF form 4473, I won't get in trouble, correct? I'm a government employee so I do not want to jeopardize my career over wanting a weapon. I would like to do this legally and truthfully. Link to comment Share on other sites More sharing options...
101abn Posted August 26, 2020 at 08:10 PM Share Posted August 26, 2020 at 08:10 PM You don’t get in trouble when your honest. I’m sure Molly will be around before long. Sent from my iPhone using Tapatalk Pro Link to comment Share on other sites More sharing options...
mauserme Posted August 26, 2020 at 09:52 PM Share Posted August 26, 2020 at 09:52 PM How do I get in contact with Molly? As long as I answer truthfully on the ATF form 4473, I won't get in trouble, correct? I'm a government employee so I do not want to jeopardize my career over wanting a weapon. I would like to do this legally and truthfully. It's easiest to send her a PM. Link to comment Share on other sites More sharing options...
Euler Posted August 26, 2020 at 11:50 PM Share Posted August 26, 2020 at 11:50 PM On the ATF form 4473, under 21F I would have to put yes to "Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?" I have heard that it's illegal to attempt to purchase a firearm if you're not allowed to own one as going to the point of sale is illegal to do so. Based on your story in the OP, you were not adjudicated. Judges adjudicate. You never appeared before a judge in your story. Also based on your story, you were not committed to a mental institution. Voluntarily obtaining overnight detox treatment is not commitment. Unless you're leaving something out, your truthful answer to that question is "no." As noted above, the ISP's assessment of your mental state is not binding outside Illinois. However, I recommend against acts or threats of self-harm as attention-seeking behavior ("Well, I guess I'll just kill myself then"), even if they are accepted (or even expected) among your social circles. Link to comment Share on other sites More sharing options...
Flingarrows Posted August 27, 2020 at 12:01 AM Share Posted August 27, 2020 at 12:01 AM Abn101 and Euler gave you good ( non-snarky) info. Hopefully Mollly will see this as well Sent from my iPad using Tapatalk Link to comment Share on other sites More sharing options...
Snuggles33 Posted August 27, 2020 at 12:26 AM Author Share Posted August 27, 2020 at 12:26 AM On the ATF form 4473, under 21F I would have to put yes to "Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?"I have heard that it's illegal to attempt to purchase a firearm if you're not allowed to own one as going to the point of sale is illegal to do so.Based on your story in the OP, you were not adjudicated. Judges adjudicate. You never appeared before a judge in your story.Also based on your story, you were not committed to a mental institution. Voluntarily obtaining overnight detox treatment is not commitment.Unless you're leaving something out, your truthful answer to that question is "no."As noted above, the ISP's assessment of your mental state is not binding outside Illinois. However, I recommend against acts or threats of self-harm as attention-seeking behavior ("Well, I guess I'll just kill myself then"), even if they are accepted (or even expected) among your social circles.The ISP sent me a letter stating that I was a clear and present danger. That's it. They never said I was adjudicated and they never said I was committed to a mental institution. However, after doing research it looks as though the ISP reports this as an adjudication to the NICS. Can you confirm that this is true or not? How do I know if I was adjudicated? If I wasn't, then on 21F on the ATF 4473, I will put no. But I need to know for sure, or I am lying and it's technically a felony. Link to comment Share on other sites More sharing options...
101abn Posted August 27, 2020 at 01:08 AM Share Posted August 27, 2020 at 01:08 AM Search for Molly B. and pm her. can’t direct you to her profile with Tapatalk. Seems to be awol today. Sent from my iPhone using Tapatalk Pro Link to comment Share on other sites More sharing options...
Tip Posted August 27, 2020 at 01:18 AM Share Posted August 27, 2020 at 01:18 AM For info on what “adjudicated” means in this context go read the following. https://www.atf.gov/file/58791/download Link to comment Share on other sites More sharing options...
RECarry Posted August 27, 2020 at 03:21 AM Share Posted August 27, 2020 at 03:21 AM IANAL, but if neither adjudicated nor committed in the legal sense, it seems you have a right to not self-incriminate yourself. I know someone whose mother raised them to believe they cannot do anything right. While she had that experience, that does not make it true. Link to comment Share on other sites More sharing options...
Euler Posted August 27, 2020 at 06:58 AM Share Posted August 27, 2020 at 06:58 AM The ISP sent me a letter stating that I was a clear and present danger. That's it. They never said I was adjudicated and they never said I was committed to a mental institution. However, after doing research it looks as though the ISP reports this as an adjudication to the NICS. Can you confirm that this is true or not? How do I know if I was adjudicated? If I wasn't, then on 21F on the ATF 4473, I will put no. But I need to know for sure, or I am lying and it's technically a felony. I cannot comment on what the ISP's operating procedures are. There are no mental competency or commitment hearings in your story. That's how you know you weren't adjudicated or committed. Meanwhile, if the ISP is indeed reporting people who have not been adjudicated as adjudicated, then there's clear basis for a civil suit, and you should talk to a real lawyer. Link to comment Share on other sites More sharing options...
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