Advice request - MD State Law & Mental Health

Jaybeez · Mar 12, 2016

bajco said:
When does the Involuntary Commitment Process in Maryland trigger Federal 18 and MS Law clauses on no firearm ownership for someone "Committed to a mental institution."

Key question, do you have to have a hearing or not?

Any good 2nd amendment lawyers in the state?

Commitment comes after the 72 evaluation. the reason for the 72 hour evaluation is to make sure it is the right decision.

teratos · Mar 12, 2016

Rab1515 said:
I believe the whole thing will be thrown out. He agreed to go to the hospital, and it was a bait and switch. you can let some one agree to go, then commit them when they refuses to strip naked.

It's not a bait and switch. If there is reasonable suspicion that a person has a serious mental disorder and they may be a danger to themselves or others, they are going to the hospital. Often people are given the option of signing themselves in voluntarily. It is easier on them because they do not have to be involuntarily committed. It takes a lot to get into this position. It's not like people are watching TV have a Slurpee and all of a sudden they are dragged off to a mental institution.

CrueChief said:
1) Never let police into your home without a warrant, no offense.
2) Never let a firearm out of your control without a warrant.
3) Never volunteer to go with the police about a legal matter without a lawyer.
4) Never voluntarily submit to a mental evaluation without a lawyer.

This goes to show that people are to trusting in the system. Unfortunately the time has passed when you can go with the premise of things being ok simply because you have nothing to hide. We live in a world/state that doesn't care who is right and who is wrong.

Of course, if there is an Emergency Petition, they are going. Period. There is no option. The more reasonable you show yourself to be, the more likely you will be found to be OK. Again, people do not get into this position without something big having happened and somebody being concerned enough to get an EP. If you think someone is getting the EP to be vindictive, you can file charges later.

Jaybeez said:
Commitment comes after the 72 evaluation. the reason for the 72 hour evaluation is to make sure it is the right decision.

This.

kgain673 · Mar 12, 2016

Bottom line, if he was not committed for greater then 29 days he's not prohibited in Maryland. He will not loose his right to posses firearms. He can go and get his firearms from the local department that took possession of his firearms. sounds like your friend needs to get some help or make some changes. These things don't just "happen" to people, he needs to either change the people around him, or take a serious inventory of his mental health. MDS a place to ask tin foil hatters questions about guns and receive bad advice.

mxrider · Mar 12, 2016

kgain673 said:
Bottom line, if he was not committed for greater then 29 days he's not prohibited in Maryland. He will not loose his right to posses firearms. He can go and get his firearms from the local department that took possession of his firearms. sounds like your friend needs to get some help or make some changes. These things don't just "happen" to people, he needs to either change the people around him, or take a serious inventory of his mental health. MDS a place to ask tin foil hatters questions about guns and receive bad advice.

I believe this is incorrect. I think that this applies to voluntary commitment. Involuntary triggers immediately

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teratos · Mar 12, 2016

mxrider said:
I believe this is incorrect. I think that this applies to voluntary commitment. Involuntary triggers immediately Sent from my SM-G920V using Tapatalk

Yes. If you are involuntarily committed, it is immediate. 30 days for a voluntary admission.

metalman3006 · Mar 12, 2016

Even if it stands and he is denied he can still petition the state to restore his rights if he is OK now. My BIL was the first one in Maryland to do this after an involuntary commitment as a juvenile. Had to show he was a "good guy" and get a doc to sign of that he was sane.

Cmoney · Mar 17, 2016

kgain673 said:
Bottom line, if he was not committed for greater then 29 days he's not prohibited in Maryland. He will not loose his right to posses firearms. He can go and get his firearms from the local department that took possession of his firearms. sounds like your friend needs to get some help or make some changes. These things don't just "happen" to people, he needs to either change the people around him, or take a serious inventory of his mental health. MDS a place to ask tin foil hatters questions about guns and receive bad advice.

They won't give them back.

Salisbury PD has been sitting on what was, at the time, my entire collection. They still have them, it has been years. Since the event (voluntary commitment under 72 hours, when a well intentioned but naive friend thought I was in a worse place than I was) I've bought regulated and non-regulated firearms. SPD refuses to release my property without a "letter from a doctor", despite receiving a copy of my release paperwork with "no danger to self/others".

Just because a system is in place doesn't mean it works.

swinokur · Mar 18, 2016

MD 5-133.2

http://mgaleg.maryland.gov/webmga/f...=5-133.2&ext=html&session=2015RS&tab=subject5

lonzo · Mar 21, 2016

Cmoney said:
They won't give them back.

Salisbury PD has been sitting on what was, at the time, my entire collection. They still have them, it has been years. Since the event (voluntary commitment under 72 hours, when a well intentioned but naive friend thought I was in a worse place than I was) I've bought regulated and non-regulated firearms. SPD refuses to release my property without a "letter from a doctor", despite receiving a copy of my release paperwork with "no danger to self/others".

Just because a system is in place doesn't mean it works.

Have you went to court to get them back?

Cmoney · Mar 23, 2016

lonzo said:
Have you went to court to get them back?

I don't really know anything about stuff like that. I also am not sure of how much it would cost, but am pretty confident I don't have the kind of money I would need.

Advice request - MD State Law & Mental Health

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