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Can a person who was Baker-Acted obtain a concealed weapons permit? would chapter 394 apply to me?

Orlando, FL |

I had a drunken incident at my home a few months back and had my firearms taken(none were involved)by the sherriff dpt(3 months later & still won't give them back!!).I broke a window out of my house and had to go to the hospital to be stapeled up.The sherriffs dpt CLAIM I was Baker-Acted saying a BA-52 form was filled out(which is the excuse they give me for not returning my property!!) but I only stayed in the hospital a day and a half only to recover from the injury before being released home.never had i gone anywhere to have any 72hr evaluation nor did i speak with any shrinks during my short stay. The hospital says there's NOTHING in my medical record that shows I should have been Baker-Acted.I've since been able to purchase 4 different firearms 3 different times.do i have any options?

What im mainly asking is would i be able to obtain a concealed weapons permit or does chapter 394 apply to me since there "supposedly" was a BA-52 form filled out on me?Is there a way I can get a copy of the form they are saying was filed on me? would there be any hiccup causing me to be denied for a CWP?

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Attorney answers 1

Posted

Earlier today a similar question was asked (it may have been yours). Depending on the time frame, an attorney would probably be able to petition the courts to have the Sheriff return your weapons to you.

Good luck to you. I've included the link to the earlier question.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.

Asker

Posted

What im mainly asking is would i be able to obtain a concealed weapons permit or does chapter 394 apply to me since there "supposedly" was a BA-52 form filled out on me?Is there a way I can get a copy of the form they are saying was filed on me? would there be any hiccup causing me to be denied for a CWP?

Jimmy Allen Davis

Jimmy Allen Davis

Posted

It is likely that you were not officially Baker Acted since you did not spend 72 hours under observation. But let us suppose you were, just for the sake of argument: 394.459(1) F.S. states that people who are Baker Acted are not to be treated as criminals unless they are charged with a crime. Nor shall a person be deprived of any constitutional rights unless they have been declared incapacitated (crazy) by a court. Based on this, unless you were charged (and convicted) of a crime (such as a felony) which would preclude you from owning a firearm, or a judge ruled you were incapacitated, there would seem to be no hindrance to you obtained a concealed weapons permit. Since you've purchased several firearms since, I cannot imagine that you were charged with a felony. It also appears that the Sheriff would have to return the firearms they confiscated.

Asker

Posted

No charges were filed against me at all. but these 2 things have me confused slightly with what you said. 394.451 Short title.—This part shall be known as “The Florida Mental Health Act” or “The Baker Act.” QUESTION 12(on CWP application instructions) You are NOT ELIGIBLE for a Florida concealed weapon license if any of the following conditions applies to you: (1) you have been adjudicated incapacitated under section 744.331, FS, or similar laws of any other state; (2) you have been committed to a mental institution in accordance with the provisions of Chapter 394, FS, or similar laws of any other state; (3) you have been adjudicated mentally defective or incompetent in any court. Your eligibility for licensure would be restored only if you had received relief from federal firearms disabilities through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). would a Baker-Act fall under being committed to a mental institution in accordance with the provisions of Chapter 394, FS, or similar laws of any other state?

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