Restoring Your Gun Rights Following a Mental Health Commitment

The effect of your mental health on your gun rights can be substantial.  An experienced firearm rights firm like Seagroves Legal knows the effects and can help you regain your rights effectively and efficiently. Let’s talk about restoring your gun rights following a mental health commitment.

Matters involving mental health can have an impact on your firearm rights.  Did you know that if you are involuntarily committed for mental health reasons that you may be prohibited from possessing firearms?  An involuntary commitment could result in you being denied when requesting for a gun permit.  In North Carolina, an involuntary commitment prohibits one from purchasing a firearm.  This is known as a civil firearm “disability” and you can read more about this on our practice page on this topic.  Seagroves Legal is experienced in addressing these firearm disabilities and has successfully assisted clients across the state in regaining their gun rights.

If involuntarily committed, a civil firearm disability gets placed on the record and the person is entered into the National Information Criminal System (NICS) database.  The person is prohibited from purchasing a firearm unless the civil firearm disability is removed.  One can petition to have this civil firearm disability removed and most often, this process involves a hearing.  It is critical that you retain an experienced attorney like Candace Seagroves to assist you with this process.  The matter of gun rights is a highly politicized topic and it is imperative that you have a knowledgeable firm like Seagroves Legal help you present your case at such hearing.   Preparation is key and Seagroves Legal knows what it takes to get your rights reinstated and have you removed from the National Instant Criminal Background Check System database.

The hearing for the mental health commitment removal will take place in the county where you reside or where you were last committed.  There could be an advantage in selecting one county over the other.  This is why seeking the advice of a skilled firearm rights attorney can be so beneficial.  Seagroves Legal can guide you through your options and help you choose the best venue.

Before filing a petition for removal and hearing, it is important to seek a copy of the commitment files in order to obtain the necessary information for the petition, such as the place(s) of commitment.  This helps you better prepare for the hearing.   However, commitment files are not public record and such files may only be released by court order.  Seagroves Legal is very helpful in this process and can quickly obtain your records so that you can get started in the restoration process.

The petitioner in these actions carries the burden of proving that the civil firearm disability should be removed.  The evidence presented at this hearing is crucial and the weight of that evidence will determine whether or not your firearm disability is removed and your firearm rights are restored.  Attorney Candace Seagroves has represented clients in multiple jurisdictions in North Carolina and is knowledgeable about the type of evidence the courts are looking for.   Seagroves Legal is aware of the political climate and is seasoned in how to appropriately yet zealously advocate for your restoration.

Having an experienced gun rights law firm like Seagroves Legal working for you will provide you with the direction and preparation necessary to regain your gun rights.  There are many legal “technicalities” that are involved with these types of matters and sometimes, the basis for removal can be based upon a procedural defect in the commitment action.  This is why having the experience of Attorney Candace Seagroves as part of your legal team can be so advantageous.

Seagroves Legal is ready to help you move forward and can assist you in restoring your firearm rights.  Preparation for these hearings and the presentation at these hearings is so very important to the outcome of your case.   We know what evidence will be most beneficial in the case.  Contact Seagroves Legal today to get started regaining your rights.