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What the f*** is this shit? - "See a Doctor, Lose your Guns." A2938


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#61 HBecwithFn7

HBecwithFn7
  • LocationTampa Bay Area, Florida

Posted 24 March 2017 - 06:42 PM

Everyone talks about how gun friendly FL is. It is to most extents. FL has the Baker Act which allows involuntary commitment under emergency circumstances by doctors, mental health professionals, judges, and law enforcement officers. Even if you get committed under the Baker Act and they say you're not mentally ill if you get Baker Acted you lose your gun rights under Federal law.

When I was a on a local PD in NJ in the 70s there were times when we would encounter people that were really looney tunes. They would be taken to the ER and the ER doctor would make an evaluation and if the doctor thought the person needed it they'd be taken to one of the state mental hospitals. This all stopped when states (not only NJ) found it cheaper to prescribe drugs than spend money on state mental hospitals.

Now there are many people out there that just about anyone can evaluate and and determine that person is nuts. While I understand there are valid reasons for emergency commitments I don't think short term ones should disqualify you from gun ownership. I can see a doctor or mental health professional ordering one. A judge should be able to based on evidence from professionals and that should come from both sides. A LEO in FL can have you short termed committed based solely on their evaluation.

 

 

Can you point me towards the Florida Statute (or regulation)  that covers this?  I want to review it.  And, by this, I mean the specific language that says "A LEO in FL can have you short termed committed, etc..."  I'm reviewing FS 394.xxx now, but I want to see if there are any due process rights of the "committed" person before the firearms are seized. 

 

Thanks!



#62 mipafox

mipafox

Posted 24 March 2017 - 06:48 PM

If you get a temporary commitment that lasts 5 minutes in PA you will never legally own a firearm anywhere in the US until the day you die. One of our judges saw fit to remove the law allowing "expungement" (so to speak) from our statutes.

War Paint


#63 GRIZ

GRIZ

Posted 24 March 2017 - 08:52 PM

LEO can initiate the examination. Thats a short term commitment.
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#64 HBecwithFn7

HBecwithFn7
  • LocationTampa Bay Area, Florida

Posted 24 March 2017 - 10:20 PM

LEO can initiate the examination. Thats a short term commitment.

 

OK, but can they (LEO) also start seizing/confiscating weapons, and placing the name on FBI NICS at that point without court due process?



#65 mipafox

mipafox

Posted 24 March 2017 - 11:49 PM

OK, but can they (LEO) also start seizing/confiscating weapons, and placing the name on FBI NICS at that point without court due process?


In PA they can. A doctor or a cop says you are done, you are done for good. No due process, no court, no possibility for redress. Ever.

Coming to a state near you. "Mental Health" is the long-time understood mechanism of Communists and Totalitarians throughout recent history to imprison and "reeducate" people that are doing things you don't approve of.

And yet whenever there is some sort of mass murder gun owners call to give government more power over mental health.
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#66 sroc112

sroc112
  • LocationWestfield
  • Home Range:RTSP

Posted 25 March 2017 - 06:04 AM

So then what is going on here in NJ is not all that new? Just putting that same power in the hand of doctors as well?
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#67 Bt Doctur

Bt Doctur
  • LocationSpotswood area
  • Home Range:SRPC,OBPC

Posted 25 March 2017 - 03:01 PM

And when you want another gun just go to any big/small city and your local corner FFL will sell you one , no questions asked

It`s buy what they offer, choice is limited ,hell might even be a C & R piece






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