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Question on Concealed Carry application

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Question on Concealed Carry application

Postby 88xpservice » Sat, 03 Dec 2011 06:24:17

On one of the questions it asked:

HAVE YOU BEEN INVOLUNTARILY ADMITTED TO A FACILITY OR ORDERED TO MANDATORY OUTPATIENT TREATMENT, OR WERE YOU THE SUBJECT OF A TEMPORARY DETENTION ORDER PURSUANT TO VA. CODE § 37.2-809 WHO LATER AGREED TO VOLUNTARY ADMISSION UNDER VA. CODE § 37.2-805? IF YES, COMPLETE FORM 2 PAGE 2 AS INDICATED BELOW. ( SEE NOTICE 4 PAGE 3)



About a year and a half ago I took a bunch of adderall which I was recently prescribed to take. Long story short I went on a six day binge and had a mental break down which resulted in me getting arrested (was not a danger to people I just ran from everyone i thought was trying to get me). After six days of being up on adderall, I was so paronoid I thought everyone was out to get me including the police. So when a police car stopped me, I took off running, was caught and brought to jail. In the cell it was a single one, I thought they were never going to let me out and never feed me again like the movie SAW. so I started flipping out saying things like "dont fking do this to me" and banged on the door. After like 6 hours of this I finally talked to a doctor who i have never seen/meet before and I refused to talk.

So they involuntary admited me to this facility. Long story short, after a week of good sleep/food I felt normal again. I talked to one of the doctors there and told him the truth about what happened. The next day I was released from the hospital.

Week later I goto court about the hospital stay and a resisting arrest charge because I ran from the cops. My lawyer explained advisered recation to recently prescribed medication, refusal to allow my doctor to the jail who prescribed, no previous criminal record, and I did a speach on the dangers of drug abuse. The DA decieded to drop all charges and agreed to have the involuntary stay facility cleared and sealed from record, also reinstating my firearms thingy....

feel fast foward a year and half no break downs no medication no arrested no adderall. I have been working full-time unarmed security for year and 2months and my company has recently picked up some armed sites and loss prevention. They have have asked me to get my concealed carry and armed security permit. However, after reading the involuntary stay question my jaw dropped....since this stay was cleared/sealed do I have to disclose?


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Re: Question on Concealed Carry application

Postby ProShooter » Sat, 03 Dec 2011 10:13:16

I would suggest contacting Mark Matthews of www.thematthewslawgroup.com for info on this.
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Re: Question on Concealed Carry application

Postby 88xpservice » Sat, 03 Dec 2011 19:23:08

Well I found this:

(1) IN GENERAL.—No department or agency of the Federal
Government may provide to the Attorney General any record
of an adjudication related to the mental health of a person
or any commitment of a person to a mental institution if—
(A) the adjudication or commitment, respectively, has
been set aside or expunged, or the person has otherwise
been fully released or discharged from all mandatory treatment,
supervision, or monitoring;
(B) the person has been found by a court, board,
commission, or other lawful authority to no longer suffer
from the mental health condition that was the basis of
the adjudication or commitment, respectively, or has otherwise
been found to be rehabilitated through any procedure
available under law; or
(C) the adjudication or commitment, respectively, is
based solely on a medical finding of disability, without
an opportunity for a hearing by a court, board, commission,
or other lawful authority, and the person has not been
adjudicated as a mental defective consistent with section


I went to a handgun shop today attempting to get a NICS background check for $20 which he said would take ten minutes. I informed him if approved, I would most likely make a purchase. He then started to hastle me about why I wanted a background check before buying a gun and proceeded to say, "you can not hide from felonies". He directed me to the police station for records. i lol'd

Are firearm stores allowed to run people through the NICS database to inform them if they are approved or denied?


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Re: Question on Concealed Carry application

Postby OakRidgeStars » Sat, 03 Dec 2011 19:36:03

So you're saying that a gun dealer offered to run a NICS background for you for $20, and then refused to do so?. Did he present you with a form to fill out, such as ATF 4473?.

I'm confused :dunno:
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Re: Question on Concealed Carry application

Postby mk4 » Sat, 03 Dec 2011 22:45:47

88xpservice wrote:... do I have to disclose?


ProShooter's advice is wise. you'd be best off to get a legal opinion from someone licensed to give it. considering that making a mistake by not disclosing, when you may be obligated to, and then attesting to a "no" answer by signing the sp248, you could get tapped with a class 5 felony. there are a couple of attorneys that visit the forum occasionally, so you might get some general guidance here.

from the sp248:
I, THE UNDERSIGNED, AFFIRM THAT THE INFORMATION CONTAINED IN THIS APPLICATION AND IN ANY ATTACHMENTS TO THIS DOCUMENT IS BOTH CORRECT AND COMPLETE TO THE BEST OF MY KNOWLEDGE. THE WILLFUL MAKING OF A FALSE STATEMENT IN THIS APPLICATION CONSTITUTES PERJURY AND IS PUNISHABLE IN ACCORDANCE WITH §18.2-434 OF THE CODE OF VIRGINIA. I ALSO AFFIRM AND UNDERSTAND THAT THE ISSUANCE OF A CONCEALED HANDGUN PERMIT DOES NOT NECESSARILY ENTITLE ME, THE UNDERSIGNED, TO POSSESS, TRANSPORT OR SELL A FIREARM UNDER STATE OR FEDERAL LAW.

and from the va code:
§ 18.2-434. What deemed perjury; punishment and penalty.

If any person to whom an oath is lawfully administered on any occasion willfully swears falsely on such occasion touching any material matter or thing, or if a person falsely make oath that any other person is 18 years of age or older in order to obtain a marriage license for such other person, or if any person in any written declaration, certificate, verification, or statement under penalty of perjury pursuant to § 8.01-4.3 willfully subscribes as true any material matter which he does not believe is true, he is guilty of perjury, punishable as a Class 5 felony. Upon the conviction of any person for perjury, such person thereby shall be adjudged forever incapable of holding any office of honor, profit or trust under the Constitution of Virginia, or of serving as a juror.

(Code 1950, §§ 18.1-273 through 18.1-275; 1960, c. 358; 1972, c. 823; 1975, cc. 14, 15; 2005, c. 423.)
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Re: Question on Concealed Carry application

Postby 88xpservice » Sun, 04 Dec 2011 00:59:30

I told him id pay $20 for background check he declined. I will contact lawyer who got me out of this mess and get his feedback..to bad it will take him two weeks to reply..,...but at court they had little evidence so the judge declared my hospital stay was unwarented and dismissed. Think it was about $1500 a night at facility and have yet to see bill

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