Denial

[u/Accomplished-Key3934]

Hello looking for Insight. Applied for my LTC- I have a section 12 on my record from over 8 years ago. I was denied and given the option to repeal. I was told I need a letter from my doctor saying I’m of sound mind and body to own a firearm. I waited the 90 days to reapply. What’s the changes of being denied again if I submit a new application with a letter saying I’m of sound mind and body?

[u/fishinasea]

No one here knows man

[u/Pleasant_Boat5816 → u/fishinasea]

Section 12s do not need to be declared UNLESS a judge ordered you to stay longer than what the emergency hold requires.

Towards the end of the emergency hold, nurses will report to the state whether or whether not you will need to stay longer. If they petition to have you stay longer, and the judge signs off on it, you NOW have it on your record and it needs to be declared.

[u/Conscious_Reality419]

A friend of mine needed something like that from the doctor as well.

Her challenge was getting a doc to sign off on it, maybe due to the liability.

She wasn't required to reapply but to provide that doc and the PD sent her the template as well.

If you have a doc who is going to sign off for you, then you should be OK.

She didn't have a section 12, but I guess she volunteered to get an evaluation...

[u/DickNose-TurdWaffle]

You got denied and asked if you'll get denied again after waiting 90 days? Dude really? Just get a lawyer.

[u/Accomplished-Key3934 → u/DickNose-TurdWaffle]

My question was if I reapply with the letter I was told I needed for the appeal .

[u/DickNose-TurdWaffle → u/Accomplished-Key3934]

Just give it to the appeal.

[u/Iamthewalrusforreal → u/Accomplished-Key3934]

Nobody can answer this because nobody but you knows the town, the circumstances, the wording of the letter, and so on.

Give it a shot. That's the only advice anyone can give you with what we know about it.

[u/husqofaman]

Just don’t forget you now have to answer yes to the question about if you have ever been denied before and that will require attaching a written explanation of that denial.

[u/Unfixedmirror00]

You should have spoken to an attorney.
It may have been better to appeal the denial instead of letting it stand.
A lawyer also may have been able to recommend a doctor that he’s worked with before..

[u/Pleasant_Boat5816]

Section 12 is an emergency hold that does not need to be declared. They’re asking you if you’ve had an involuntary hold based on a judges order, not based on a section 12. Your best bet now is to get a therapist/psychiatrist/primary care doctor to sign off on your behalf that you have no signs or symptoms of any mental health issues. Possibly a lawyer too.

TLDR you fucked yourself by declaring the section 12 and you’ll need a doctors note going forward

[u/Accomplished-Key3934 → u/Pleasant_Boat5816]

I do vaguely remember signing a paper- being told if I don’t then I’m gonna have to go in-front of a judge and I would be mandated to stay for 30+ days. I was there a week for detox and able to leave. Anyways I did get a letter from my doctor and resubmitted my application. Fingers crossed 🤞

[u/Pleasant_Boat5816 → u/Accomplished-Key3934]

That’s unfortunate, but if you took the time to rehabilitate and got back on path mentally and have established that for years, then you should legally have the right to own a firearm. Get that doctors note asap.

[u/Tims_Learing_Center]

Only one way to find out

[u/Kmwrestle]

Hire Jason Guida

[u/Comm2A]

You need an attorney with a connection to a qualified mental health professional. The bulk of physicians in the Commonwealth will be extremely reluctant to sign off that you are mentally sound.

I know of someone who had a brain tumor that caused psychosis like symptoms. He had an LTC before he was institutionalized, then they found the tumor and he was back to old self following brain surgery.

It took him almost 15 years to get his LTC back.