CHP and Definition of Mental Illness Treatment

CHP and Definition of Mental Illness Treatment

This is a discussion on CHP and Definition of Mental Illness Treatment within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My wife has been treated for mild anxiety. Does that count as being treated for a mental illness? or are they talking about being admitted ...

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Thread: CHP and Definition of Mental Illness Treatment

  1. #1
    Member Array prawls's Avatar
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    CHP and Definition of Mental Illness Treatment

    My wife has been treated for mild anxiety. Does that count as being treated for a mental illness? or are they talking about being admitted somewhere? I'm filling out the paperwork for her to get her CHP in VA, but I got nervous when I got to that point. I've e-mailed VSP also, but wasn't sure if someone else had gone through this before. Especially with the recent incidents.

    I searched the forum, but couldn't find an answer.
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  2. #2
    VIP Member Array Rob99VMI04's Avatar
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    I don't think you have much to worry about unless she has been prounced Mentally Adjudicated by a judge, and been committed to a mental institution.

    Has she Bought a gun?

    Basically, the rule of thumb if you can answer all the questions on the 4473 and be elligible to purchase a gun in the commonwealth CHP in VA, pretty much mimics that, UNLESS you have a DUI conviction.
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  3. #3
    Member Array prawls's Avatar
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    That's what I'm hoping is the case.
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    This might help. The way I read it is if she was not an in patient she should be good to go. I don't think anxiety is a disqualifier.

    Virginia State Police

    An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.

    Good luck on her permit.

  5. #5
    VIP Member Array Rob99VMI04's Avatar
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    Quote Originally Posted by prawls View Post
    That's what I'm hoping is the case.
    Actually the people to really ask is VCDL. You can Call them directly.

    VSP to my knowledge only handles out of state permits. VA residents go through their county court houses.
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

    Its not about guns...Its about Freedom!

  6. #6
    Ex Member Array FN1910's Avatar
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    I don't know how the law in VA reads but normally when that question involves actual supervised care in a hospital or similar type setting. Millions of people are treated every year for anxiety or depression (used to be called nerves by the old folks) by their family doctor on an outpaitient basis. The last stat I saw was as high as 10% of all Americans at any one time.

    It may get trickier with the VT and NIU incidents but in both cases the backgrounds should have been checked and not allowed. I think she is safe and I would say that for the application it would be not be treated for mental illness.

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    VIP Member Array Supertac45's Avatar
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    Should be okay.
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  8. #8
    Member Array jcheinaman's Avatar
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    I've been diagnosed and treated for anxiety before. It is normal. Most people at one point or another in their lifetime get anxiety and are never treated. I have my carry permit and bought numerous guns without a problem. I wouldn't worry about it.

  9. #9
    VIP Member Array cphilip's Avatar
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    Yes... figure I heard is that 1 in 7 suffers from depression. And anxiety disorders probably higher than that. I think she is fine here and the question, the way it is asked, she can truthfully answer no too. As long as her Anxiety is not a fear of guns or something!

  10. #10
    Distinguished Member Array Paymeister's Avatar
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    Quote Originally Posted by archer51 View Post
    This might help. The way I read it is if she was not an in patient she should be good to go. I don't think anxiety is a disqualifier...
    Heck, carrying makes me a lot LESS anxious...

  11. #11
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    Treated or not, dealing with mild anxiety places you in a group that includes MOST Americans...

    Based on your info, you're fine! INAL...OMO

    Stay armed...stay sane...stay safe!
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  12. #12
    Distinguished Member Array AKsrule's Avatar
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    Quote Originally Posted by prawls View Post
    My wife has been treated for mild anxiety. Does that count as being treated for a mental illness? or are they talking about being admitted somewhere? I'm filling out the paperwork for her to get her CHP in VA, but I got nervous when I got to that point. I've e-mailed VSP also, but wasn't sure if someone else had gone through this before. Especially with the recent incidents.
    I searched the forum, but couldn't find an answer.
    -------------------------------------
    Virginia Law...............

    LIS > Code of Virginia > 18.2-308
    -----------------------------------------
    E. The following persons shall be deemed disqualified from obtaining a permit:

    1. An individual who is ineligible to possess a firearm pursuant to § 18.2-308.1:1, 18.2-308.1:2 or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.

    2. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to § 19.2-182.7 less than five years before the date of his application for a concealed handgun permit.

    3. An individual who was ineligible to possess a firearm pursuant to § 18.2-308.1:2 and whose competency or capacity was restored pursuant to § 37.2-1012 less than five years before the date of his application for a concealed handgun permit.

    4. An individual who was ineligible to possess a firearm under § 18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.

    5. An individual who is subject to a restraining order, or to a protective order and prohibited by § 18.2-308.1:4 from purchasing or transporting a firearm.

    6. An individual who is prohibited by § 18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.

    7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.

    8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana or any controlled substance.

    9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance or of public drunkenness within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to § 4.1-333.

    10. An alien other than an alien lawfully admitted for permanent residence in the United States.

    11. An individual who has been discharged from the Armed Forces of the United States under dishonorable conditions.

    12. An individual who is a fugitive from justice.

    13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.

    14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of § 18.2-282 within the three-year period immediately preceding the application.

    15. An individual who has been convicted of stalking.

    16. An individual whose previous convictions or adjudications of delinquency were based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions."

    17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.

    18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.

    19. An individual not otherwise ineligible pursuant to this section, who, within the three-year period immediately preceding the application for the permit, was found guilty of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or of a criminal offense of illegal possession or distribution of marijuana or any controlled substance, under the laws of any state, the District of Columbia, or the United States or its territories.

    20. An individual, not otherwise ineligible pursuant to this section, with respect to whom, within the three-year period immediately preceding the application, upon a charge of any criminal offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of this title or upon a charge of illegal possession or distribution of marijuana or any controlled substance under the laws of any state, the District of Columbia, or the United States or its territories, the trial court found that the facts of the case were sufficient for a finding of guilt and disposed of the case pursuant to § 18.2-251 or the substantially similar law of any other state, the District of Columbia, or the United States or its territories.
    -------------------------------------------------------
    -------
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  13. #13
    Member Array prawls's Avatar
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    Quote Originally Posted by AKsrule View Post
    -------------------------------------
    Virginia Law...............

    LIS > Code of Virginia > 18.2-308
    -----------------------------------------
    E. The following persons shall be deemed disqualified from obtaining a permit:

    18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
    The whole residential setting was throwing me. I guess that means admitted to an institution-type place. Feel better about it now. I just get confused when laws are involved.

    Does make you wonder how far they want to press the mental illness card in light of the NIU and VT shootings.

    Thanks for all the replies.
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  14. #14
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    Anxiety "disorders" are quite prevalent. Well above the 7% someone speculated.

    Fortunately, most are of little consequence to anyone but the person who has to deal with the anxiety.

    Many are quite benign:

    Simple phobias: fear of objects and animals, crossing bridges or getting on elevators.

    Social phobias: concerns with public speaking, inability to write a check while someone watches, public restroom phobias and voiding difficulty in public restrooms (paruresis); fear of crowds, fear of flying.

    OCD--repetitive actions and thoughts. Generally this is fairly benign but troubling to the individual.

    Generalized Anxiety Disorder: Usually caused by daily stresses in life. Multiple worries that continue over time. I once read something to the effect that an anxious person is a good person lacking emotional support.

    PTSD--possibly the most serious of them

    In any case, folks with anxiety disorders are seldom ever a danger to themselves or anyone else.

    This "mental health" stuff is too easy to generalize and stigmatize. So, involuntary hospitalization seems the only real sensible criterion for denying a license.

    In Texas, I don't know about elsewhere, any citizen can notify DPS if they feel someone who has a permit should not have it. I have no idea what DPS then does to evaluate and somehow determine if a license should be yanked.

    All of that said, folks need to know themselves. They need to understand whether or not their anxiety issues will affect their judgment in specific situations. Untreated anxiety could cause someone to mistake a bad situation for a much graver immediately lethal threat.

    I think there are a couple of good things to look at in assessing an individual's situation. Are they holding a job? Can they maintain friends? If the answer to both is NO, they may be fine folks, but they are struggling.

    The folks who know they have a problem aren't the problem.
    Last edited by Hopyard; February 20th, 2008 at 08:55 PM. Reason: to add last comment

  15. #15
    VIP Member Array Ridgeline's Avatar
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    As Hopyard shared in Texas it's not the ones who seek help that spook me, as I too become filled with anxiety when I encounter the once who blast by on the shoulder, windows to dark to see into, base so high it rattles my eyeballs, jeans at their knees, ballcaps sideways, wearing a $5 Mr. T starter kit, and ears and nose looks as if they fell into a tackle box. And then I realize I only have four magazines with me. Spookie feeling!!!
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