Baker Act refers to the Mental Health Act created to protect patients and victims. This Act allows a person or their loved ones to provide involuntary examination and treatment for the mental crisis. However, the consequence of the Baker Act can lead to several restrictions, such as gun rights. If you are wondering, “Can you own a gun if you’ve been baker acted?” or “How can one recover their gun license?” you came to the right place.
The Baker Act in Florida permits authorities to commit persons considered a threat to themselves or others. This can greatly affect gun ownership. When a person is taken for the Baker Act examination, police can take away guns. These firearms are usually “made available” for return within 24 hours of discharge, except when a Risk Protection Order (RPO) is issued.
An RPO is a court order that removes firearms from a dangerous person. If a police officer petitions a court and requests an RPO and is granted one, the person must relinquish guns. This can occur even if the person was not arrested or charged with a crime or any other offense. Getting legal representation and going to a court hearing is important to reclaim firearms after an RPO.
Even though the Baker Act can temporarily remove firearms, getting guns back is possible. After a successful discharge and completion of any court-mandated treatment, one can apply for the restoration of his/her rights. This legal process usually entails filing a petition and a hearing before the court. To enhance the chances of success, it is advisable to seek the services of an attorney well-versed in Florida gun laws.
The hearing will involve the judge assessing several factors. These factors include successful completion of treatment, a mental health assessment showing stability, and no signs of threat in the recent past. Responsible use of a gun and good character references also help. The process is complicated, so you should seek legal assistance to regain your Second Amendment rights.
It is important that people who own guns are mentally fit to handle them. Just like caring for a firearm, caring for the mind is important. It is not a shame to consult a professional; it is a strength. Training ensures that one knows how to handle a firearm and reduces the chances of misuse, hence enhancing responsible gun use and public safety.
If you are in a difficult situation, it is not a weakness to get help from a professional. Talmadge Law Firm, led by Dr. Stephen Alfred Talmadge, Jr., can help. Their team offers expert legal advice specifically focused on regaining possession of firearms from law enforcement. So, what are you waiting for? Contact them today for a legal consultation.
