Veteran Who Sought Treatment Cannot Be Denied Gun

[Tim Nunan]

A unanimous Nebraska Supreme Court says a military veteran, who voluntarily sought treatment for post-traumatic stress disorder and depression in 2001, cannot be denied a state handgun buyer’s permit.

Writing for the high court, Chief Justice Mike Heavican noted the sole question to be decided was whether Joseph D. Gallegos had once been committed to a mental institution, as defined by federal law.

Gallegos went to an Omaha Veterans Administration hospital in 2001. He was held three days for observation and later completed a 90-day treatment program. He previously told a doctor he had thoughts of suicide and homicide, because his marriage had broken up, but that he wouldn’t act on them because of his religious convictions.

The Douglas County Sheriff’s office denied Gallegos a permit. That decision was upheld by a county judge and then the district court. The Supreme Court reversed those decisions Friday.

A person can be denied a buyer's permit if they have been officially committed to a mental institution and/or found mentally ill

"conclude that Gallegos was not 'committed to a mental institution' within the meaning of [a 1968 federal law] …." the high court saiid.

Gallegos voluntarily sought treatment and hospitalized only for observation. He was never found to be mentally ill, or to be a danger to himself or others.

The Supreme Court sent the case back to the district court with instructions to in turn send it to the county court "with directions to approve Gallegos' "\request for a gun certificate."

To access the Supreme Court's decision, http://www.supremecourt.ne.gov/opinions ... 08-221.pdf