Virginia Gun Rights Restoration Question

[ScottRiqui]

Above all else I hope that anybody else unjustly stripped of their Second Amendment rights are guided to a resolution.

Right now, you have no reason at all to believe that you have in fact lost your gun rights in Virginia.

And I'm not saying that you don't need a lawyer. But you're making it sound like that's out of the question, so I'm trying to help you understand the simpler parts of the law.

Re-read all of the laws and statutes posted here so far, using your assumption that being subject to a TDO is the same thing as being "involuntarily admitted" to a mental health facility, and I think you'll realize that they don't make any sense under your assumption.

 

[Aguila Blanca]

"ten minutes 'pro bono' with a lawyer."

That's funny!

Seriously... now that we seem to have a full-fledged discussion going on, with one side stating 'get a lawyer,' and the other arguing that I have no problem, I am profoundly confused!

You are confused because you are not paying attention to what you are being told. ScottRiqui is correct. Based on what you have told us here in this thread, the law does NOT disqualify you. Your 3 days under "observation" (not "treatment") pursuant to the TDO was NOT an admission to an in-patient treatment facility. That WAS the TDO. After the TDO, you were NOT admitted anywhere for treatment, and apparently you were not involuntarily assigned to "mandatory" out-patient therapy/treatment.

Therefore, the law does not apply to you.

So far my search has yielded no local 2A friendly attorney, nor a Bar Association referral. in fact, a few that I were able to contact expressed 'no interest' in helping me!

If you cannot afford to hire an attorney, try searching Google for "legal aid." If you meet their income criteria, they'll assist you for free, or at a very low rate based on a sliding scale.

As far as my lack of anonymity, no worries. Above all else I hope that anybody else unjustly stripped of their Second Amendment rights are guided to a resolution. Hours of Googling landed me on this thread and I hope to leave a larger footprint for others to find. After all, in today's political climate, WE ALL must endeavor to protect our gun rights.

You have not been stripped of your Second Amendment rights. The law does not disqualify you, but you are not willing to apply for a permit. That's your problem, not the law's problem.

 

[Spats McGee]

"ten minutes 'pro bono' with a lawyer."

That's funny!

Actually, it's not. Despite common misconceptions, we take our ethical obligations quite seriously. Under the Model Rules of Professional Conduct, all private lawyers are encouraged to do some percentage of their time as pro bono work, or to donate funds to an organization which provides legal services to those who cannot afford them.

Here's Virginia's version:

Rule 6.1
Voluntary Pro Bono Publico Service

(a) A lawyer should render at least two percent per year of the lawyer’s professional time to pro bono publico legal services. Pro bono publico services include poverty law, civil rights law, public interest law, and volunteer activities designed to increase the availability of pro bono legal services.
(b) A law firm or other group of lawyers may satisfy their responsibility collectively under this Rule.
(c) Direct financial support of programs that provide direct delivery of legal services to meet the needs described in (a) above is an alternative method for fulfilling a lawyer’s responsibility under this Rule.

Source: The Virginia State Bar: http://www.vsb.org/pro-guidelines/index.php/main/print_view

You are by no means required to get a lawyer, but there is some possibility that a lawyer could help your confusion. At least check with these folks: http://www.valegalaid.org/

 

[Spats McGee]

Let's let this one die.