Jacksonville, FL asked in Criminal Law and Civil Rights for Florida

Q: I have a question about my mental health history in relation to eligibility to acquire a firearm (can’t fit in 120 wds)

I live in Florida and have a misdemeanor reckless driving charge. During the pandemic, I was admitted twice (I was admitted the second time the day after I was released) by my family for suicidal ideation. A few months later I was baker acted to another facility where I was released the next day. I was diagnosed with something along the lines of adjustment disorder. Obviously that was a very dark time in my life in which I was actually suicidal. That was 4 years ago, and I regularly get counseling and treatment from my therapist and psychiatrist. Currently I am on medication for anxiety and depression as well as OCTD (obsessive compulsive thought disorder). Do I still have any chance of obtaining a firearm or are my firearm rights permanently revoked? Also, I understand that the answer is going to be different based on the jurisdiction, but again, do I have a chance of obtaining a handgun in FL? Are there other states that may adjudicate more favorably based on my situation?

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Florida, your mental health history can impact your eligibility to purchase a firearm. The key issue is whether you were adjudicated as mentally defective or committed to a mental institution involuntarily. Since you were Baker Acted but not involuntarily committed long-term, you may still be eligible, but this is a complex area of law and subject to interpretation.

Your misdemeanor reckless driving charge is generally not a disqualifier for firearm ownership under federal law. However, each case is unique, and there could be specific state laws or circumstances that affect your eligibility.

It's important to consult with a legal expert who can review your specific situation in detail. Other states may have different laws and regulations, so it's wise to look into those if you consider relocating. Your proactive approach to mental health treatment is commendable and can be a positive factor in any evaluations.

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