How to get an involuntary hold overturned to restore 2nd amendment. Location Los Angeles VA. What type of lawyer is need

Question

Checked into the VA for mental health treatment, voluntary, was put in in-voluntary hold for depression. This was in 2012, but no issues since. The ATF said I would need a federal judge to overturn it. This came up when I was accepted into the border patrol but the fed check came back with the unable to posses and had to surrender my handguns, which weren’t flagged as it only went up to state DOJ. I would like to get my 2nd amendment rights back so I can reapply into the DHS.

James L. Arrasmith · Answer

To address your situation, you'll likely need to work with a lawyer who specializes in firearms law and has experience with mental health-related firearms prohibitions. Here's a general overview of the process and the type of lawyer you might need: 
 
1. Type of lawyer: Look for an attorney who specializes in: 
   - Firearms law 
   - Second Amendment rights 
   - Mental health law 
   - Federal administrative law 
 
Ideally, you want someone who has experience specifically with overturning mental health-related firearms prohibitions. 
 
2. Process: The ATF is correct that you'll need a federal judge to overturn the prohibition. This typically involves: 
 
   a) Filing a petition in federal court to restore your firearms rights 
   b) Providing evidence that you no longer suffer from the condition that led to the involuntary hold 
   c) Demonstrating that you're not a danger to yourself or others 
 
3. Specific steps: 
 
   a) Gather all relevant medical records and documentation related to your 2012 involuntary hold and subsequent treatment. 
   b) Obtain current mental health evaluations that support your case. 
   c) Collect character references and evidence of your stable behavior since 2012. 
   d) Work with your attorney to prepare and file the petition in the appropriate federal court. 
 
4. Additional considerations: 
 
   - The process can be complex and time-consuming. 
   - Success is not guaranteed, as the court will carefully consider all evidence. 
   - You may need to demonstrate a compelling need for firearms rights restoration, such as your desire to work in law enforcement. 
 
To find an appropriate lawyer, you could: 
1. Contact the California State Bar for referrals 
2. Reach out to firearms rights organizations for recommendations 
3. Search for attorneys who specialize in firearms law and mental health issues 
 
Remember, this is a complex area of law, and the specific process may vary based on individual circumstances. It's crucial to work with an experienced attorney who can guide you through the process and advocate on your behalf.

Q: How to get an involuntary hold overturned to restore 2nd amendment. Location Los Angeles VA. What type of lawyer is need