Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

High court says treatment shouldn't deny gun permit
Omaha world herald ^ | 17 April, 2009 | PAUL HAMMEL

Posted on 05/07/2009 4:18:33 AM PDT by marktwain

LINCOLN — An Omaha man who once expressed homicidal and suicidal thoughts was wrongly denied a state handgun buyer’s permit by the Douglas County sheriff, the Nebraska Supreme Court ruled Friday.

Joseph D. Gallegos had never been "committed" to a mental institution under the definition of the 1968 federal gun law, according to the court’s unanimous opinion.

He should not, therefore, have been denied a handgun permit in 2007, the court said.

In 2001, Gallegos, a veteran, sought voluntary treatment at the VA hospital in Omaha for post-traumatic stress syndrome and depression.

A doctor there asked the Douglas County Board of Mental Health to determine whether Gallegos was mentally ill and dangerous, and he was admitted to a hospital for three days under emergency protective custody.

The doctor said Gallegos had homicidal and suicidal thoughts related to a marital breakup, although he stated he would not follow through on those thoughts because of his religious beliefs.

The board allowed Gallegos to enter a 90-day treatment program, which he completed, then dismissed his case.

But in 2007, when Gallegos sought to register his guns with the Omaha Police Department, his application was initially denied because of the 2001 treatment.

OPD reversed its decision after Gallegos’ doctor said he was not a danger to himself or others.

But when he sought a state handgun buyer’s permit from the Douglas County Sheriff’s Office, he was denied, based on the 2001 treatment.

Douglas County District Court Judge James Gleason upheld the sheriff’s ruling.

The Supreme Court reversed the lower court’s ruling, saying the hospital stay was observational in nature and that Gallegos was never found to be mentally ill and dangerous.

Deputy Douglas County Attorney Renee Mathias said the ruling will affect only a few cases.

The biggest issue surrounding denial of gun permits, she said, involves previous convictions for domestic violence. People are banned from obtaining the state permit if they have such a conviction.

TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: Nebraska
KEYWORDS: banglist; ccw; constitution; mental
This is an important finding that protects peoples rights and guards against Soviet style abuse of the mental health records.
1 posted on 05/07/2009 4:18:33 AM PDT by marktwain
[ Post Reply | Private Reply | View Replies]

To: marktwain

The DHS has already name us all nuts.

2 posted on 05/07/2009 4:22:17 AM PDT by bmwcyle (American voters can fix this world if they would just wake up.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain
the right of the People to keep and bear arms shall not be infringed.
3 posted on 05/07/2009 4:42:01 AM PDT by Evil Slayer (Onward, Christian soldiers, marching as to war)
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

Agreed. Denials are only supposed to occur for involuntary commitments. Had the court ruled otherwise, it would have discouraged people from voluntarily seeking mental health treatment if they were worried about losing their RKBA in the future.

4 posted on 05/07/2009 5:48:36 AM PDT by gieriscm (07 FFL / 02 SOT -
[ Post Reply | Private Reply | To 1 | View Replies]

To: marktwain

I had heard that if you told the VA you were “depressed”, you went on the gun ban list. Mebbe just an Urban Legend, but when the doc asked me how I felt I truthfully replied “Fine”. - Had I been bummed out I still would have told him the same.

5 posted on 05/07/2009 6:49:33 AM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oatka

and if they can find someone who is or has never suffered from depression...
IOW,they can ban all gun ownership.

6 posted on 05/07/2009 9:47:45 AM PDT by WOBBLY BOB (ACORN:American Corruption for Obama Right Now)
[ Post Reply | Private Reply | To 5 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson