On February 29, 2002, person appointed by the state found him “Mentally Ill,” which by his admission is the legal equivalent of “Mentally Incapacitated.”
On March, 2, 2002, he was found to NOT be “Mentally Ill,” fit to be released, etc. Again, this was done by a person appointed by the state to make such a finding.
Nothing in the March 2 order states that we was never mentally ill, that he never should have been committed, etc. It simply states that at the time he and/his attorney appeared before the special judge on or about March 2, that he was THEN not in need of involuntary hospitalization.
He could always try to go back and make a case that he never was mentally ill, and he may be able to have the first commitment order expunged, rather than simply revoked, but as for now, he was found to be mentally ill for a period of three days, so must make special application to purchase a new firearm.
A magistrate finding probably cause to believe in mental illness and a special justice of the court adjudicating mental illness based on three days of evaluation are not synonymous.
According to what statute would he require a special application?