Baker act and gun ownership

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  1. #1
    Senior Member KIRK'S AWAY TEAM (blue shirt) Lutzy's Avatar
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    Baker act and gun ownership

    does anyone know what a baker act is in Florida and I'm curious if it jeapodizes ownership of a firearm. My neigbor took a few too many prescribed pills, his wife was scared and took him to the hospital. As far as I know they used the baker act on him and had him sent to a mental hospital for a 72 hr hold because the dr's thought it was a sucide attempt. He did seem depressed about losing his job recently. He did come home after only a day so I assume they released him being ok. I just wonder if he's legally able to own or buy a firearm now because of this. I know he has a few firearms.
    ”Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars”

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    Banned FROM MY COLD DEAD HANDS
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    Per my understanding a individual must be sentenced to a institution by a judge or committed to the institution in order to lose their 2nd. A 72 hr eval does not qualify.

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    Senior Member KIRK'S AWAY TEAM (blue shirt) Lutzy's Avatar
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    I thought just the mere fact that he was taken to a mental hospital involuntary on this baker act meant he would be flagged with the NICS.
    would he have to check yes on a form 4473 when it asks have you even been committed to a mental institution?
    ”Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars”

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    Banned FROM MY COLD DEAD HANDS
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    I am not familiar w/ Florida law. But, an evaluation is done to determine if he needs to be committed...not that he was committed. Committed kinda equals mass medications and a judges order to be released....I believe.

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    Quote Originally Posted by MedicalShooter
    A 72 hr eval does not qualify.
    Correct.


    Quote Originally Posted by MedicalShooter
    an evaluation is done to determine if he needs to be committed
    Correct again.



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    Banned FROM MY COLD DEAD HANDS
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    Thank you, jhs. I have one friend, a veteran with Gulf War Syndrome/Uranium Poisoning, who has spent extensive time committed to our military's mental hospital in California. Needless to say.....he cannot play with toys. In 3 more years he will be able to petition the courts for his gun rights back....but once committed, he lost them for 10 yrs.

  7. #7
    Senior Member KIRK'S AWAY TEAM (blue shirt) Lutzy's Avatar
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    Thanks guys for the answers. It's a shame that so many of our recent troops returning home are being stripped of their 2nd ammd rights just because they are diagnosed with PTSD. But while deployed they were fine to handle firearms and defending our freedom. But that's a whole new thread..
    ”Gun control is like trying to reduce drunk driving by making it tougher for sober people to own cars”

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