How can we win an appeal for my husband to carry a gun at work? 3 Answers as of August 11, 2011Some info on medical records is incorrect and I want an appeal so he can carry a gun if his employer requires it. He is a security officer, how can we win the appeal? My husband & I had an argument over some door he tried to fix, he got really angry & threw stuff around. He scared me & said he wanted to jump in front of a bus. I called 911. They came asked questions & took him for evaluation. After I received a call advising me he was being sent to a hospital. My husband says he has no recollection of saying such things and I don't believe he was suicidal but called because I was afraid of his behavior. I read the med records and says that he had past history & that he at sometime tried cutting himself which I have no idea where that came from. I did mention to the officers that he had been stressed, sad, frustrated, depressed almost for a few days but that was it. My husband told the hospital docs he was not suicidal & said he only had anger management problems. I believe on his first night there he was so angry & so frustrated of everything going around & of how this was going to affect his work he did state to the hospital "I would rather die" but I believe that all of this he was jabbering was just his anger. He was given medication & I visited him while he was at the hospital. Prior to release the doctor called me and I said he seemed fine and like his usual self but the medical records state that I said that my husband is doing well with the medication. My husband was not requested to take medication after his release. He did follow up with a therapist whom at the time concluded he has anger issues but no more than that. What can we do to win the appeal?
Nelson & Lawless | Terry Nelson
1.) What appeal? You said nothing to explain what appeal you have filed or think you can file. 2.) If, as I suspect you meant, your husband has discovered that he is now a prohibited person, barred under federal and state law from ever using, owning or possessing firearms or ammo, there is no appeal. If I understand your message, that he was involuntary committed to psychiatric care, that automatically put him into prohibited person category. IF, and only IF, he can prove he was only held for the initial short evaluation period and then released immediately without needing commitment or treatment, would he be able to seek correction of the DOJ records, by seeking a court order confirming that the revocation of his gun rights was incorrectly done at the local level. Doesnt sound like that is the case. Once lost due to commitment for psychiatric care, gun rights are lost forever. IF, you believe the revocation was incorrect, as explained above, then feel free to contact me for the legal help hell need to try to correct the problem. If he was held for more than the initial observation period, there is no point pursing this; it would be a waste of your money.
Answer Applies to: California