Anonymous ID: 3b60aa Jan. 9, 2022, 9:16 a.m. No.15337945   🗄️.is 🔗kun

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>https://www.pilotonline.com/news/article_724e5570-7cc6-5c01-8395-6c0d6b9ccdb3.html

 

Chesapeake man wants gun-buying right restored

By The Virginian-Pilot

The Virginian-Pilot |

Apr 27, 2007 at 12:00 AM

 

 

CHESAPEAKE - About four years ago, Kim Joseph Habit's mother had him temporarily committed to a mental hospital, alleging he was a potential danger to himself.

 

Wednesday, Habit, 34, was in Chesapeake Circuit Court, petitioning for the restoration of his right to purchase guns.

 

Judge Bruce H. Kushner continued the hearing so evidence could be gathered on Habit's current mental status. A new hearing date has not been set.

 

It is illegal in Virginia for people "involuntarily committed" for mental health treatment to buy firearms during the commitment period. Once released, individuals can petition a court to restore their rights to purchase, possess or transport firearms.

 

Commonwealth's Attorney Nancy Parr said her office's policy is to object to these petitions until a mental health expert can give an opinion that it is safe for the person to have firearms.

 

Habit's behavior has been described by his attorney as "good" since his release from Maryview Psychiatric Hospital in Portsmouth.

 

Habit is a resident of Edmonds Corner Mobile Home Park in South Norfolk, according to court records. He once was a gun collector and would like to continue his hobby, according to Clay Macon, his attorney.

 

Habit was committed to the psychiatric hospital by his mother based on allegations he "was a potential danger to himself and in need of involuntary commitment," according to his petition. Macon did not release specifics of Habit's mental illness four years ago.

 

Special Justice Richard Buyrn executed an order for the involuntary admission of Habit on Nov. 27, 2002, according to his detention records.

 

Court records describe Habit's commitment only as "brief."

 

"It was a small incident many years ago," Macon said.

 

Habit was committed under an emergency detention order, which requires evidence that a person is mentally ill and presents an imminent danger to himself or others.

 

After Habit's release "there has been no additional involuntary commitment, and for the four years following that isolated incident," according to his petition.

 

Macon thinks Habit did not have to petition the court to purchase firearms, but took the extra step out of caution.

 

Assistant Commonwealth's Attorney William Campbell disagreed, arguing a petition was required.

 

Habit filed his petition in January, months before a student at Virginia Tech went on the worst shooting rampage in the nation's history.

 

Habit's hearing came days after the shooting and while Virginia and the nation is embroiled in gun law debates related to firearm buyers with mental illness histories.