Previous mental illness and handguns

[Kelley_c]

Hi,
So I'm wondering if anyone has any experience with this. I am wanting to get my concealed carry for my 27th birthday in September. I'm nervous about starting the process with the sheriffs dept because of the mental history check. I had my daughter in June 2016 and was diagnosed with postpartum PTSD, postpartum depression, and postpartum anxiety after a traumatic delivery. In October 2016 I was hospitalized for postpartum psychosis for a week at UNC. My psychosis wasn't violent at all, I was just doing extreme things because of my anxiety (like staying up for 6 days straight because of fear of my daughter passing while I was asleep). I'm now better and have been completely cleared by all of my doctors. My psychiatrist is fine with me having guns and getting my concealed carry. But I am worried about starting the process because my hospitalization was involuntarily as most psychosis situations are. I have never had any other mental health issues prior to this and have no issues now. But I don't know how it will play into the decision with the sheriffs dept since it was postpartum which is temporary. I have been around and had guns my whole life, I grew up with them and my husband and I have several ourselves. Does anyone know anything about this or if theres anything I need to do like talking to someone at the sheriffs dept before starting the process?

 

[countryclubjoe]

Begs the question, are an individuals medical records private?.. Under our constitution we have a right to privacy. Also under the health information portability and accountability act (HIPAA) protects our medical records..

OP, as advised by Nigtmare, you should seek counsel.

Good luck.

My .02
CCJ

 

[solus]

first welcome to the forum and i hope you had a great b'day party for your daughter this summer.

please understand and seriously consider the advice regarding consulting an attorney.

candidly, because you were involuntarily hospitalized, your chances of the Sheriff issuing a CHP is IMHO very low. remember, part of the state's CHP documentation packet includes releases for local medical and mental health information.

inquiry if i might be indulged, were there any residual aftermath of your hospitalization such as long term psychotropic meds regime prescribed to preclude relapse or psychotherapy prescribed? (especially since you specifically mentioned discussing ithis subject with your psychiatrist ~ which is now part of your mental health medical records)

(sidebar, you must have a very very understanding mental health provider who would even consider articulating their approval to the client, for their client, who suffered a significant depressive & psychosis episode(s) which required involuntary hospitalization, to own and carry a firearm!)

finally, i personally do not know how you will even be able to purchase a firearm from a FFL as you would have difficulity truthfully responding to question 11f, adjudicated as mentally deficient.

i also do not believe you even qualify to obtain a PPP (pistol purchase permit) from the Sheriff which also precludes you from buying from a private citizen.

while the others didn't provide rationale, (if you want chapter and verse of legalisse from nc statutes please contact me via PM) you now see why consulting an attorney is paramount to overcome the gauntlet before you.

 

[countryclubjoe]

Involuntary commitment is a judicial process.

+1

I missed that..

CCJ

 

[solus]

Involuntary commitment is a judicial process.

sorry not true, e.g., individual taken to hospital by friends, partner, parent, etc., and on assessment resident psychiatrist puts the individual on a three (+\-) day hold to allow further mental health eval as well as to allow serum levels of psychotropic meds to stabilize.

then patient released with follow-up to their medical practitioner or asked to return to hospital's mental health staff.

most mental health practitioners have three day hospitalization capabilities but rarely use them as the practitioner is skilled enough to convince the client to go on their own!

 

[countryclubjoe]

sorry not true, e.g., individual taken to hospital by friends, partner, parent, etc., and on assessment resident psychiatrist puts the individual on a three (+\-) day hold to allow further mental health eval as well as to allow serum levels of psychotropic meds to stabilize.

then patient released with follow-up to their medical practitioner or asked to return to hospital's mental health staff.

most mental health practitioners have three day hospitalization capabilities but rarely use them as the practitioner is skilled enough to convince the client to go on their own!

OP stated that she and her husband currently own guns, would not her past mental condition and the walk thru the judicial system effect current ownership thereof.. Interesting that the court did not attempt to have her owned guns surrendered...

Thoughts?

CCJ

 

[bc.cruiser]

As Nightmare advised, get an attorney.

Your "involuntary commitment" is not necessarily a bar to CHP or PPP. With the written opinion of the doctor, the provision of NCGS 14-415.12(a)(3), -(b)(6) would be satisfied for the CHP, and -404(c)(4), (g) for a PPP. You will be required to comply with the actions of NCGS 14-409.42; this is where the attorney becomes valuable.

Good luck.

Note: DO NOT ask the sheriff's department for advice. You would end up disclosing the current access to guns, and your husband may be required to keep them inaccessible to you.

 

[solus]

OP stated that she and her husband currently own guns, would not her past mental condition and the walk thru the judicial system effect current ownership thereof.. Interesting that the court did not attempt to have her owned guns surrendered...

Thoughts?

CCJ

there was no judicial process for the op's involuntary medical hospitalization and NC does not subscribe to the high risk crap CA, OR, or WA states do.

only time firearms are judically 'turned in' is in DV cases!

 

[countryclubjoe]

there was no judicial process for the op's involuntary medical hospitalization and NC does not subscribe to the high risk crap CA, OR, or WA states do.

only time firearms are judically 'turned in' is in DV cases!

Thank you Sir!

CCJ

 

[solus]

As Nightmare advised, get an attorney.

Your "involuntary commitment" is not necessarily a bar to CHP or PPP. With the written opinion of the doctor, the provision of NCGS 14-415.12(a)(3), -(b)(6) would be satisfied for the CHP, and -404(c)(4), (g) for a PPP. You will be required to comply with the actions of NCGS 14-409.42; this is where the attorney becomes valuable.

Good luck.

Note: DO NOT ask the sheriff's department for advice. You would end up disclosing the current access to guns, and your husband may be required to keep them inaccessible to you.

sigh, while it is understood this is, by statute, a shall issue concept, but realistically who, based solely on their judgement, may deny the citizen's PPP or CHP application ~ the sheriff, er sorry underling, who knows nothing except they received a positive hit on the mental health documents.

(that is after $90 non-refundable permit fee is submitted not counting the fees paid for the 8+ hour conceal carry course)

additionally, the op must submit notarized documents to release mental health information (page 4) as well as notarized application stating they do not suffer from a mental health infirmity (q 4); are or previously adjudicated or administratively determine to be lacking mental capacity or mentally ill (q 11).

(lot of good the note from a psychiatrist would do at this point BC since this note/document would now raise the question from the sheriff of "why are you under the care of a mental health professional").

once denied, for whatever rational, the citizen must now approach the county courts for adjudication of the sheriff's decision. then the same question will surface, especially with the psychiatrist's note ~ why were you under the care of a mental health professional, then the gauntlet of 14-409.42, Restoration process to remove mental commitment bar, begins with the county's DA presenting in District Court, and as everyone has stated, you should have the professional guidance of a barrister to present, quote: The burden is on the petitioner to establish by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. unquote. (ya BC a note from the psychiatrist will be a preponderance!)

wait, we have not discerned if by federal law the OP meet question 11f ~ opps another disqualifier on the sheriff's questionnaire q 6.

so yes BC, et al., please advise this kind woman, who was involuntarily hospitalized less than a year ago for a Major Depressive Disorder and all the psychosis that accompany the same, who, apparently, is still under a psychiatrist's care, to spend $$$ for a course, $$$ to be considered of a CHP, and then $$$$$$$$$$$$ for an attorney to adjudicate the fall out.

where did common sense elude you BC?

 

[FBrinson]

Consult with your attorney first. The cops are not bound to the truth or your best interests.

This is the best option. Seek an attorney.

 

[solus]

Consult with your attorney first. The cops are not bound to the truth or your best interests.

snipp

please understand and seriously consider the advice regarding consulting an attorney.

snipp

you now see why consulting an attorney is paramount to overcome the gauntlet before you.

As Nightmare advised, get an attorney.

snipp

this is where the attorney becomes valuable.

This is the best option. Seek an attorney.

shall we set up a go fund me to pay for said legal expenses?

sorry ccj, you also advocated for seeking legal guidance and I failed to include your quote ~ sorry!

 

[Firearms Iinstuctor]

Has any else notice that lot of these newbie posters come up these fantasy reticules stories.

that they want members to solve then never come back.

could they be a one in the same troll

 

[countryclubjoe]

Has any else notice that lot of these newbie posters come up these fantasy reticules stories.

that they want members to solve then never come back.

could they be a one in the same troll

I actually PM an esteemed member after the original post was posted and mentioned the same concerns as yours..

CCJ

 

[Grapeshot]

Has any else notice that lot of these newbie posters come up these fantasy reticules stories.

that they want members to solve then never come back.

could they be a one in the same troll

Don't think there is only one.

Hit and run low posters and trolls are of the same genus - phylum.

A few genuine actors read the responses w/o logging into the forum.

 

[solus]

Has any else notice that lot of these newbie posters come up these fantasy reticules stories.

that they want members to solve then never come back.

could they be a one in the same troll

while possibly staged, FI, could it be because this forum is the most consistently authoritative group on the block who, while bickering over minutia and possibly interpretation, manage to provide relatively steadfast guidance based on all member's experience and knowledge of their local statutory environment?

FI, look at this site's commentary at the bottom of the site and tell me about who these folk, their background, experience, etc., are responding to each other: https://www.usacarry.com/pennsylvania_concealed_carry_permit_information.html! don't have a clue do ya!

we, like relatives at the holiday dinner bicker, bemoan other's postings, quibble & squabble, but in this particular case, majority posted seek legal advice!

if you had a question FI where would you want a semi knowledgeable group to provide you critical insight, with statutory references, to mitigate your plight...off the usacarry site or this one?

now why they don't respond ~ like my daddy stated, if you don't want the answer to your question, don't ask it! OR they lack the financial resources to pursue legal avenues! OR they decide after seeing the whole unemotional gauntlet laid out say it isn't worth the time, money, or effort.

 

[Firearms Iinstuctor]

Maybe maybe not staged but some of the first time poster seem to have some problems and then never are to be seen again.

Good bad or other wise.

 

[gutshot II]

Has any else notice that lot of these newbie posters come up these fantasy reticules stories.

that they want members to solve then never come back.

could they be a one in the same troll

Although I certainly don't want to give trolls any cover, but I doubt that this is the usual occurrence. It could be the case in a few instances. I have experienced the same or similar behavior in other instances. It seems to be just normal, but perverse, human behavior. In the past, I have been contacted by strangers who requested assistance with a preemption violation. When I asked them if they were KC3 members, they replied that they were not. It really didn't matter, we try to solve all preemption violations, not just for members. I suggested that they join to help others with similar problems and they responded that IF I could solve all of their problems, they MIGHT CONSIDER joining our organization. Once their problem was addressed, they were never heard from again. Its just as well, a person like that is unlikely to be a very active or helpful member. They would just be in the way.

 

[gutshot II]

Maybe maybe not staged but some of the first time poster seem to have some problems and then never are to be seen again.

Good bad or other wise.

It could be that the treatment they get here makes them not want to repeat the experience.

 

[Firearms Iinstuctor]

It could be that the treatment they get here makes them not want to repeat the experience.

Most of the time what I see they get a very friendly welcome and answers to their questions but a lot them never show up again.