Legal Question in Civil Rights Law in Virginia

I'm trying to determine my rights in purchasing a gun/ getting a hunting license, in the state of Virginia. A car accident in North Carolina preceded a hospital mandating me to stay for 6 days under "suicide watch until a judge signed for my release" after misdiagnosing me as suicidal. I have been told people who have been held involuntarily in medical centers cannot ever purchase a firearm or concealed weapon permit, but upon contacting the court was told they couldn't find any record of court involvement in this matter. How can I find out for certain whether I can purchase these, or of whether the hospital really registered me as "mentally incapacitated" after the auto accident through the court?

Any information is appreciated greatly. Michelle C.


Asked on 11/11/11, 6:57 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

The Virginia law requires that a judge, i.e., a court find that there

is sufficient legal justification to hold the person on an involuntary

basis for the period permitted under the applicable law (Va. Code Title 37.1) and therefore whatever a North Carolina hospital may have "really registered" you as (assuming no court involvement) under the facts described would appear to be irrelevant.for purposes of eligibility to purchase and possess firearms in the Commonwealth.

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Answered on 11/12/11, 9:26 am


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