Plaintiff v. Police Department

SUSPENSION OF LICENSE TO CARRY FIREARMS FOR ALLEGED MENTAL ILLNESS REVERSED.

The client was venting during a therapy session and made certain statements that her therapist found alarming. The therapist, knowing that the client had a license to carry firearms and owned a firearm, reported the client’s statements to the police. The police then sectioned the client, and she was brought to the hospital for a mental health evaluation. The police immediately suspended her LTC. Attorney Patrick J. Noonan presented evidence that the client’s statements were taken out of context, were blown out of proportion, and she was simply venting over a stressful family situation. The records from the hospital indicated that the client’s statements were not meant to be taken seriously, and she was quickly discharged upon a finding that the client did not have any mental health issues and did not pose a danger to anyone. Attorney Patrick J. Noonan had the client evaluated by a reputable psychiatrist who provided his expert opinion that the client did not suffer from any mental health issues, and she did not pose any danger if allowed to possess a firearm. Upon presenting this proof, the police department activated her license to carry firearms.