Removal Of Firearm Disability Cases

One of the little-known consequences of being Baker Acted is that you are may no longer permitted to own or possess a firearm. Attorneys refer to this legal intervention as a ‘firearm disability’. If you are subject to a firearm disability, you will only be able to lawfully possess or own a firearm again once you have petitioned the court for relief from the disability. Navigating the petitioning process can be overwhelming, but with the experienced team at Baker Act Attorneys here to argue for the restoration of your firearm rights, you can be sure that your case will proceed quickly and successfully.

What Is A Firearm Disability?

A firearm disability is a legal measure designed to ensure that those who are at risk of causing harm to themselves or others due to mental illness, incapacity, or substance abuse issues can no longer access firearms. This means that they are precluded from possessing firearms already in their ownership, and from purchasing or otherwise acquiring any new firearms.

Although firearm disability measures are vital for maintaining community safety and protecting vulnerable people, they can unjustifiably violate a person’s second amendment rights if they remain in place after that person has recovered from their mental illness or substance abuse disorder, or if they believe they were falsely accused. In this scenario, a petition for the restoration of firearm rights must urgently be initiated by a qualified Baker Act attorney.

In What Circumstances Can A Firearm Disability Occur?

Firearm disabilities generally apply to those whose mental capacities have been limited in some way. Specifically, in terms of Florida law, a person who:

• Was committed to a mental health care institution in terms of the Baker Act for assessment and/or treatment (whether inpatient or outpatient).
• Was ordered to undergo assessment and/or treatment for a substance abuse disorder in terms of the Marchman Act, or​​​​​​ has been adjudicated to be incapacitated by a court.
• Is subject to a firearm disability and may not possess or own a firearm until they successfully petition for relief from this disability.

It is important to understand that a firearm disability is not the same as a Risk Protection Order (RPO): an RPO is an order that has been granted by the court after a law enforcement official or law enforcement agency brought a petition arguing that a person’s firearms should be temporarily removed because they pose a risk to themselves or others. Firearm disabilities, on the other hand, are a legal consequence of being Baker Acted or Marchman Acted.

How Can A Baker Act Attorney Help Restore My Firearm Rights?

For many people, being Baker Acted is a very distressing experience – especially if it was wrongful. Having one’s firearms taken away only serves to compound this distress, particularly for people who feel that possessing a firearm is vital to their sense of safety and security. Thankfully, there is a legal mechanism for lifting a firearm disability: a petition for relief that specifically requests the restoration of your firearm rights. However, successfully bringing such a petition can be very challenging, particularly as it is the petitioner who bears the burden of proving to the court that their firearm rights should be restored and that they are no longer a danger to themselves or others. This is where the help of an experienced Baker Act attorney becomes indispensable.

At Baker Act Attorneys, we have years of experience in building cases that prove a person’s mental competence and stability. We will help you put together a strong body of evidence – including filing expert reports from mental health care practitioners and doctors and calling witnesses who can attest to your character – to persuade the court to grant your petition for relief and lift your firearm disability. We will also devise an effective legal strategy that uses recent case law and lucid legal argument to make a strong case on your behalf. With an experienced attorney representing you, you also won’t need to worry about preparing any paperwork, liaising with the court, or dealing with any other administrative burdens – this will all be taken care of on your behalf.

What Is The Process For Petitioning The Court For Relief From A Firearm Disability?

Legal processes can be daunting for those unfamiliar with court procedures and hearings. Having an upfront understanding of the steps that will need to be followed to bring a successful petition for relief from your firearm disability will give you greater peace of mind throughout the process.

Consultation

Your first step will be to consult with one of the highly qualified lawyers at Baker Act Attorneys about the prospects of success of your petition for relief. We will assess the factual background and your individual circumstances and advise you on the legal strategies available to restore your firearm rights.

Evidence gathering

Our next step will be to gather evidence to present to the court in your petition. This will include taking witness statements from loved ones, friends, and colleagues who can attest to your character, soundness of mind, and general mental capacities. If necessary, we will arrange for you to undergo a psychiatric evaluation and will request a clinical psychologist, psychiatrist, or other appropriately qualified professional to deliver expert testimony to the court.

Filing

We will then draft your petition for relief, using the latest case law developments to build a strong case. Once your petition has been filed, we will remain in close contact with the court officials to arrange a speedy hearing and take care of any other administrative issues that arise.

Court hearing

On your hearing date, we will represent you in court, delivering persuasive oral argument as to why your firearm right should be restored as soon as possible. We will strategically examine any witnesses we have called to testify in your matter, and answer any questions the court may have, while also offering you moral support through the sometimes-stressful experience of attending a court hearing.

A Leading Baker Act Attorney Is Ready To Help You Restore Your Firearm Rights

At Baker Act Attorneys, we are passionate about using our legal expertise to defend the rights of our clients and ensure that their interests are protected. We have a wealth of experience in drafting petitions for relief from firearm disabilities and have helped to successfully restore the firearm rights of countless clients who were either unlawfully Baker Acted or who were seeking to regain access to their firearms after a period of poor mental health.

If you’re feeling overwhelmed after your Baker Act experience and don’t know where to turn to obtain relief from your firearm disability, our compassionate team of attorneys is here to help. Contact us today at 855-429-0074 for more information or to arrange your first consultation.