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Clear and Present Danger Appeal - Out of State


Snuggles33

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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

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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.

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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.

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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.

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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

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.

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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.

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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.

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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.

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