Mental Health Question
This is a discussion on Mental Health Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by ccw9mm
You gotta cut back on the coffee, man.
I'm reading it as: spouse had two former boyfriends, the second of which ...
January 11th, 2013 08:55 AM
I read it the way gasmitty did. Either way it's a sad deal...
Originally Posted by ccw9mm
NRA Life Member
"I don't believe gun owners have rights." - Sarah Brady
January 11th, 2013 10:44 AM
I am sure that I am no different than anyone else when I say how saddened I was when I first heard of the tragic incident in Newtown.
Originally Posted by pfries
I had hoped that as a society we would see the need to help our fellow citizens because of this incident. That maybe we would realize inanimate objects don't kill people. Instead our society does the same old tired ineffective thing. And because they want to attack anyone who has ever asked or pleaded for help there will now be a reluctance to ask for that help for fear of being persecuted.
I hope that she is able to get her CC without the persecution. But I would do so quickly as it is about to get a lot worse!
Serve my country, swear an oath to protect it, pay my taxes, fly old glory in the front yard, love and protect my family, honor the vets before me and help fellow americans in need.
By definition my country now calls me a radical
January 12th, 2013 10:46 AM
Posted by pfries:"Growing up, going off the deep end because life is cruel, or because you live in fantasy land and don’t understand reality?
That is what I have a problem with. "
Then you must have a problem with about 80% of Americans because that is an apt description of the average American today. They are either far left or far right, both of which are a complete fantasy. They believe evrything the media and their political gurus tell them (right and left). I carry a gun and I am sane but I no longer am really sure about anybody else!
Retired Marine, Retired School Teacher, Independent voter, Goldwater Conservative.
January 12th, 2013 10:55 AM
The questions on the app were pretty much the same as the background check when purchasing. If you answer yes to any of the magic questions then your disq. Dont believe CBI has any medical or mental records to check if your lying.
January 13th, 2013 01:48 AM
I can't believe it would, though I don't know Colorado rules. First, she wasn't committed to a psychiatric institution by a court - at least doesn't sound like it; so no official records - which is what NICS contains - would exist. Second, even if she was committed the circumstances behind it with the two men men's suicides would be just cause anywhere to reverse an initial denial. But the first reason will carry the day.
Originally Posted by FreeTexan
Last edited by detective; January 14th, 2013 at 01:41 AM.
January 13th, 2013 02:46 AM
I can answer that for Colorado. Back in the day if you had a Medical Marijuana prescription you were unable to obtain a Colorado Concealed Handgun Permit (CHP) because the background check for a Colorado CHP runs through the Federal databases and using marijuana was and is against federal law.
Originally Posted by justintimeagain
Today, with the new Colorado amendment making it legal to smoke marijuana for your own personal use, you will be unable to obtain a Colorado CHP if you use marijuana legally or illegally in Colorado. The background check for a Colorado CHP still goes through the Federal databases and marijuana use is illegal under US Federal law.
January 14th, 2013 01:47 AM
But no record:
Yes, but for mental health issues the only available records for NICS database are court-ordered commitments - this may be requested by family if the individual refuses treatment and is in the middle of a serious psychotic episode - but the court order is the only thing on record. So, I don't see how anything less would even show up on a NICS check, no matter what state this might occur in.
Originally Posted by marcclarke
From what I know and I have researched it: NICS database includes: records of felonies and misdemeanor convictions, records of felonies and misdemeanors indictments, records of dishonorable discharges from military, orders of protection, and records of court-ordered commitments to psychiatric institutions. These are all records sent to NICS and FBI by the states (Although one problem is some state's only give minimal info to NICS, which allows individuals who would ordinarily be flagged to slip through).
You can appeal the "red STOP" on a NICS check. I talked to a person who had appealed a felony conviction as grounds for rejection for a permit and he was given permission from a Judge to have one (though it may have had restrictions, I don't know) - this in an area where the final decision on permits for self-defense (CCW) is ultimately in the hands of state Supreme Court Judge upon recommendations from his Permit Officer. There is an interview and evidence can be introduced by the applicant)
January 14th, 2013 06:53 AM
I would guess that having two former boyfriends who killed themselves would have left her needing help to get thorugh it. That would be hard for anyone to get through.
Originally Posted by FreeTexan
The advice to get it figured out 'before' applying is good, and the fact that you asked the question tells me you are doing that. I think I'd start with a lawyer who handles concealed carry issues. Recommendations related to what the law means are best gotten from a lawyer experienced in the field. Accumulate your data and take her medical records including any reports from the institution and discharge assessments to the first meeting with the lawyer. You might get out of there for an hour's consultation if you have the 'right stuff' with you.
“The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety), by menacing it with an endless series of hobgoblins, all of them imaginary.” by H. L. Mencken
January 14th, 2013 07:02 AM
Agreed. We have two different threads running: the OP's and a different thread about can you get a CCW if you use marijuana, even though marijuana use is legal at the state level. I was responding to the thread about getting a CCW even though one uses pot legally at the state level.
Originally Posted by marcclarke
I should have been more clear.
January 14th, 2013 07:30 AM
Sorry to hijack, but this brings up a point on recent legislative issues.
Everyone wants to keep firearms out of the hands of the mentally ill. Who gets to define mentally ill? What specifically are exclusionary criteria? If a person has ever had a prescription for anxiety or depression medications? Ever had counselling or therapy of any kind? Once the line is drawn in the sand, who gets to decide how far to move it to one side or the other? This is just one legislative detail that we all need to pay attention to as the battle lines are drawn, and moved. I'm concerned that if they too broadly define it, will this discourage people from seeking help? If so, this could indeed have detrimental effects for the very people who need help in order to remain well adjusted. Everyone goes through difficult life events that may necessitate a little help to get through and then they are fine. That's normal. As a society, we shouldn't penalize people for that. Just a few random thoughts on the subject.
If your wife went voluntarily and was not court ordered committed, then I believe she will be fine on her CHL. I'm not a lawyer though.
Know Guns, Know Safety, Know Peace.
No Guns, No Safety, No Peace.
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