psychiatric clearance form to get and LTC

This is a discussion on psychiatric clearance form to get and LTC within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; HI all, I am in need of some help / advice with this one, I have been on the phone all day. long story short, ...

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Thread: psychiatric clearance form to get and LTC

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    New Member Array Bunny22's Avatar
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    psychiatric clearance form to get and LTC

    HI all, I am in need of some help / advice with this one, I have been on the phone all day. long story short, I have applied for an LTC in MA and answered yes to the question "have you ever been treated or hospitalized for a mental issue" which was over 11 years ago, in another state. Got the form to have my doctor fill out, (which she will not) and don't blame her with all of the problems today. She wants me to go to what she calls a "psychopharm" and get a "psychiatric clearance" .... now, I have been calling around all day and keep getting the same answers, "we don't do that here".... yada yada.... My primary is of no help to lead me in a right direction, I am feeling as if she is just blowing me off to keep it out of her hands.

    my basic history is this: 11 years ago, came home drinking one evening, after getting into an argument with boss, drank some more, took some pills and just wanted to pass out.... when I paniced as I wasn't feeling right and woke up my husband to call 911, i was scared and didn't want to do any further harm... i was NOT sucidal. howvever, the only records I am able to aqcuire is from the ER that night.... they sent me to a crisis center "baker act" the next day, I then talked with the psychiatrist there and explained to him everything, he sent me home that afternoon (not even 24 hours later) (and as luck would have it, they do not have those records!)

    as far as anything else in my history, there is nothing.... never seen a shrink, never took anything for depression etc.... nothing!!!


    anyone have something silimar? would you have any words of wisdom / advice where I can call?

    thanks!!!! :)

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    So you lived in FL, were held under the terms of the Baker Act. In short, you were
    for whatever reason and set of circumstances involuntarily held; from your story it sounds
    like the likely reason was "is a harm to self, harm to others, or self neglectful (as defined in the Baker Act)."

    I think you won't likely get help from the medical community but possibly from a legal
    consult.

    If I understand things you would not pass a NICS check, and would not be given a
    MA license.

    It seems in my likely naive opinion that you somehow have to get that record in FL erased before you can go forward.

    That would be a legal matter and not a psychiatric issue. Perhaps the judgment of the
    folks who used the Baker act can be challenged, though you clearly were drunk and drugged
    at the time and appear to have been legitimately confined, however briefly.

    And of course, there is nothing to stop you from continuing to seek out a psychiatrist who
    after thoroughly evaluating you might be willing to give the documents you need. So, don't give
    up, just keep looking for a helpful doc.
    Bunny22, DoctorBob and msgt/ret like this.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    New Member Array Bunny22's Avatar
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    Thank you very much, very helpful :) I am not giving up... (oddly enough) my father is a psychiatrist who actually does this form of testing... lol though he can't do mine obviously he has advised it may be difficult to find one who will..... he is asking a couple he does know, so fingers crossed!

    also, I had called the records dept in FL hospital, it is possible for me to get the records changed / removed via me in person and in writing and meeting with director there... which won't happen anytime soon, but always a possibilty!
    Hopyard likes this.

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    VIP Member Array Snub44's Avatar
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    ...what you have is a spelling problem...get the L out of Massachusetts and you'll be just fine!!!
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    Senior Member Array BadgerJ's Avatar
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    You might consider that since you are one who drinks to pass out (and takes pills) you probably would be better off not getting an LTC and having a firearm. Consider also that if you did shoot someone that was not a clear cut case, the defense would look for issues in your background and claim you were not of sound mind.

    What is the reason, if I may ask, of your desire to care a firearm?

    Good luck and think carefully on this.
    lionround likes this.

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    VIP Member Array varob's Avatar
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    The two issues are. 1. You're applying for a conceal permit in Mass. 2. There's a history of psych issues, and giving the current climate, no professional wants their name on a document giving someone with psychiatric history the ability to carry/own a firearm.

    Sorry, but I think you have an uphill battle.
    Don't believe what you hear and only half of what you see!
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    New Member Array Bunny22's Avatar
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    I beleive so Varob. Thanks for the input and advice.

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    VIP Member Array varob's Avatar
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    Quote Originally Posted by Bunny22 View Post
    I beleive so Varob. Thanks for the input and advice.
    You shouldn't have to pay for one bad night where no one got hurt for the rest of your life, but this is the world we live in these days.
    Bunny22 and msgt/ret like this.
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    New Member Array Bunny22's Avatar
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    very true :) but most understandable especially the world we live in today. 11 years ago was a long time ago in many matters. We pay for all we do, good or bad.

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    Quote Originally Posted by BadgerJ View Post
    You might consider that since you are one who drinks to pass out (and takes pills) you probably would be better off not getting an LTC and having a firearm. Consider also that if you did shoot someone that was not a clear cut case, the defense would look for issues in your background and claim you were not of sound mind.

    What is the reason, if I may ask, of your desire to care a firearm?

    Good luck and think carefully on this.
    She said it was one bad incident 10 years ago. That doesn't mean it is happening today.
    She even indicated the special circumstances under which the situation occurred. She also
    indicated that she had no intent to harm herself, but just accidentally overdid it.

    Gee-- once when I was 27 (2 million years ago) I got so drunk I passed out on my bed for 12 hours.
    Lucky I didn't die I suppose. Had I been taken to a hospital that one episode should not be used
    to bar my rights for the rest of my life.

    I'm going to take Bunny22 at her word that it was a one off thing and all that happened was she
    got bombed to mental oblivion.
    Tzadik, DVido, Aceoky and 2 others like this.
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    VIP Member Array ccw9mm's Avatar
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    If it was as you suggested, that the instance was not one of attempted suicide nor even of having such thoughts, then it sounds like your best bet is going to be to find (if you can) someone involved with that incident who can vouch for what it wasn't, and document it. Bummer, that no records appear to exist about that visit/evaluation. Short of that, getting that "misunderstanding" legitimately erased from your record might be the only other thing you can attempt.

    I'm betting that not all states would deem such an 11yr old situation such as you describe be a permanent life ban from the right to bear arms or CHL. Might require a move, but ...
    Bunny22 likes this.
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    New Member Array Bunny22's Avatar
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    thank you Hopyard :) (was long ago and undeniably (spelling? as I am also being graded...lol) was very stupid.) ....

    yes CC, the records I am trying to get my hands on (after 7 years are no longer kept) in the facility they sent me too. those would "clear" the suicidal intent, as I stated my case to the psychiatrist prior to my early release.

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    Quote Originally Posted by ccw9mm View Post
    If it was as you suggested, that the instance was not one of attempted suicide nor even of having such thoughts, then it sounds like your best bet is going to be to find (if you can) someone involved with that incident who can vouch for what it wasn't, and document it. Bummer, that no records appear to exist about that visit/evaluation. Short of that, getting that "misunderstanding" legitimately erased from your record might be the only other thing you can attempt.

    I'm betting that not all states would deem such an 11yr old situation such as you describe be a permanent life ban from the right to bear arms or CHL. Might require a move, but ...
    Is that mental hold supposed to flag her on a NICS check? If so, it won't be purely a MA specific
    problem.

    In my other off-DC life I've run into several people who have been damaged badly by the after effects
    of well meant mental holds. That's why it really is important that there be some judicial component
    with a defense available to validate them. I'm no expert on The Baker Act, but I gather that
    there is no judicial review in many circumstances.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    New Member Array Bunny22's Avatar
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    and this incident was in Florida (FL) not Massachusetts.... (although I am still looking for that L) .....

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    Quote Originally Posted by Bunny22 View Post
    and this incident was in Florida (FL) not Massachusetts.... (although I am still looking for that L) .....
    Is this what you are looking for? Florida Statute 394.451 (2009 rev.)

    394.451 - - 2011 Florida Statutes - The Florida Senate
    Bunny22 likes this.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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