Site Notices
6/17/2013 4:21:35 PM
Author
Message
AmericanPatriot1776
Offline
Posts: 7346
Feedback: 100% (2)
Posted: 8/9/2012 5:13:58 PM

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
Coworker of mine who I got into target shooting years ago got his CCP last year.

He went into his doctors office because he is constanty stressed out from work. His family life is fine, just the "bullcrap" from work. Doctor said he is depressed and recomended he get some counseling and a perscription (zolof???).

He stated the doctor kept saying "mild depression" when he kept saying "anxiety" to his doctor.

He was debating treatment, but then read for his CCP renewal that having a mental disorder can disqualify you.

I am not a lawyer, but what can I recommned to him? He is now worried that he will never be able to renew because he spoke to his doctor.

What should I tell him?
JAD
Law and Order Conservative
Offline
Posts: 6782
Feedback: 100% (21)
Link To This Post
Posted: 8/9/2012 5:15:35 PM
[Last Edit: 8/9/2012 5:15:50 PM by JAD]
Which state issued his permit?
Proud Member of Team Ranstad
wildearp
Get off my lawn!
NRAMilitary
Offline
Posts: 27226
Feedback: 100% (35)
Link To This Post
Posted: 8/9/2012 5:16:16 PM
It depends on the language. Some would require adjudication of mental illness, rather than bullshit from a shrink.
Simple Solutions to Complex problems.
SEMPER FI, DO OR DIE!
TerribleTom
Just some dude
Offline
Posts: 21179
Feedback: 100% (9)
Link To This Post
Posted: 8/9/2012 5:16:51 PM
Find a new job?



That's a tough call. I don't know that a Zoloft prescription is an automatic dis-qualifier for concealed carry.
Don't let anybody else grind your pepper, chop your garlic or squeeze your lemons.

READ MY FOOD BLOG! http://chopyourown.blogspot.com/

You learn something new every day whether you like it or not.
Papi4baby
Sweep the leg...
Military
Offline
Posts: 3872
Feedback: 100% (4)
Link To This Post
Posted: 8/9/2012 5:19:18 PM
Originally Posted By TerribleTom:
Find a new job?



That's a tough call. I don't know that a Zoloft prescription is an automatic dis-qualifier for concealed carry.


This.


If his work place is causing issues, why not leave and go somewhere else. Is not worth it, no matter what the pay is when it affects your life that much.
Originally Posted By Drsalee

Doesn't look like animal crap, doesn't have bits of bone and hair and what-not in it......looks pretty creamy, decent consistency.......I'd take a pic

gotigers
Buck Ofama
Offline
Posts: 3452
Feedback: 100% (57)
Link To This Post
Posted: 8/9/2012 5:19:55 PM
Clinical depression is not the same as mental (or whatever it is called) depression. Still i wouldn't worry about it. Unless he is found mentally adjuct by the state, he should renew. The state will contact him if they find him a danger. The doc would have to report him for that to happen.

Even with that said, i would never take depression meds from a doc.
My Grandparents never voted Democrat until after they were dead.
Ameshawki
Offline
Posts: 10945
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:20:21 PM
Hard to say without knowing the state. But the majority of the states I'm familiar with require adjudication. Something in the court system. Just taking anti-depressants wouldn't cause an issue. And how would the issueing authority even know about it?
A-Mart
Resident DJ
Offline
Posts: 914
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:20:24 PM
[Last Edit: 8/9/2012 5:21:22 PM by A-Mart]
Correct me if I'm wrong, but I don't think seeing a shrink confirms or even acknowledges the existence of mental illness. A prescription might, but I don't think weekly visits to a psychiatrist or psychologist would.
cyborg543
Member
Offline
Posts: 7789
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:23:29 PM
Psychology is junk science.

Your friend getting jazzed into taking zoloft by his doctor means basically nothing.

Being stressed out is not a mental disorder.
Obo2
Offline
Posts: 1708
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:24:38 PM
doctor patient confidentiality and all,

unless he tells the shrink I am horribly depressed and i want to kill myself with this concealed weapon i have right here the shrink doesn't report anything.

LoneWolf545
Member
NRA
Offline
Posts: 5156
Feedback: 100% (2)
Link To This Post
Posted: 8/9/2012 5:24:46 PM
Mild depression should not be a barrier, but it depends on your state laws. I know there's no FEDERAL barrier to owning guns for someone who is depressed (unless they've been involuntarily committed for longer than a 72 hour evaluation hold).
This is my signature. There are many like it, but this one is mine.
Bartholomew_Roberts
Offline
Posts: 6388
Feedback: 100% (3)
Link To This Post
Posted: 8/9/2012 5:24:59 PM
Nobody can answer that question without knowing what state law applies. If your friend is in a shall-issue state, the criteria should be fairly clear-cut since the whole idea of shall-issue is to have objective criteria that you either meet or you don't.

For example, Texas handles it this way:

Government Code 411.172(d) and (e)[/url]
(1) has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control or intellectual ability;
(2) suffers from a psychiatric disorder or condition described by Subdivision (1) that:
(A) is in remission but is reasonably likely to redevelop at a duture time; or
(B) requires continuous medical treatment to avoid redevelopment;
(3) has been diagnosed by a licensed physician or declared by a court to be incompetent to manage the person's own affairs
(4) has entered in a criminal proceeding a plea of not guilty by reason of insanity

(e) The following constitutes evidence that a person has a psychiatric disorder or condition described by Subsection (d)(1):
(1) involuntary psychiatric hospitalization in the preceding five-year period;
(2) psychiatric hospitalization in the preceding two-year period;
(3) inpatient or residential substance abuse treatment in the preceding five-year period;
(4) diagnosis in the preceding five-year period by a licensed physician that the person is dependent on alcohol, a controlled substance, or a similar substance; OR
(5) diagnosis at any time by a licensed physician that the person suffers or has suffered from a psychiatric disorder or condition consisting of or relating to:
(A) schizophrenia or delusional disorder;
(B) bipolar disorder;
(C) chronic dementia, whether caused by illness, brain defect, or brain injury;
(D) dissociative identity disorder;
(E) intermittent explosive disorder; or
(F) antisocial personality disorder


You need to find the equivalent statute in your state's CHL law; but I would be surprised if Zoloft for depression or anxiety was disqualifying.
cyborg543
Member
Offline
Posts: 7790
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:26:49 PM
[Last Edit: 8/9/2012 5:27:53 PM by cyborg543]
Originally Posted By A-Mart:
Correct me if I'm wrong, but I don't think seeing a shrink confirms or even acknowledges the existence of mental illness. A prescription might, but I don't think weekly visits to a psychiatrist or psychologist would.


Considering that those anti-depressant are prescibed to entire families, I think it's safe to say that it's basically meaningless.

The drugs are so over-prescibed it's almost beyond belief.

They have TV commercials where they recommend that shit for social anxiety. Like you're supposed to take that shit for being shy.

The whole thing is a joke.
Breedy
Member
Offline
Posts: 956
Feedback: 100% (5)
Link To This Post
Posted: 8/9/2012 5:27:48 PM
How bout you tell him not to worry about. There is next no way for the data to be shared.

Think off it the way, his doctor should have no way of differentiate between your friend a CCP holder from any other patient. So the doctor would have to flag everyone . Doctors are just as lazy as the rest of us so that is not very likely. The is also HIPPA, which more or less prevents the Dr from sharing your buddies information unless he is a danger to himself or others
Bubbles
Luv C3!
Offline
Posts: 20596
Feedback: 100% (1)
Link To This Post
Posted: 8/9/2012 5:39:22 PM
[Last Edit: 8/9/2012 5:40:05 PM by Bubbles]
Originally Posted By Breedy:
There is next no way for the data to be shared.

Except that 0bamacare mandates that health records be recorded in a national database. Give it 10-20 years and the anti's will be clamoring for that data to be used to expand the definition of "prohibited person", since banning guns isn't working out so well post-Heller.

That said, without knowing the OP's state of residence we really can't answer the question. I know that IL will revoke FOID's for five years even if you are voluntarily committed, but not sure about simply being diagnosed with a mental disorder.

That said, in your coworker's shoes I would start looking for a new job - a paycheck isn't worth an early grave due to stress.
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.com/
SoftwareJanitor
Offline
Posts: 3403
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 5:55:35 PM
Things like this are why I don't go to the doctor...
AmericanPatriot1776
Offline
Posts: 7347
Feedback: 100% (2)
Link To This Post
Posted: 8/9/2012 7:24:19 PM
Originally Posted By JAD:
Which state issued his permit?


Maine.

I remember something about state police checking mental/health records, but I did not pay much attention to it.
anesvick
Offline
Posts: 981
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 7:37:39 PM
Has he been held against his will to prevent him from hurting himself? No, no problems then.
AdviceDog
Offline
Posts: 4608
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 7:43:20 PM
This thread could end up gayer than a bag of dicks.



so he's worried about stuff and can't handle work, so he hires a shrink so he can talk about his feelings.

then doc says stuff that makes him worry more...



maybe he should hire two shrinks. get some competing theories flying around.. then take a mixtures of meds until he feels better.



well, I see my work here is done...
Glad I could help.

billy8221969
Member
Online
Posts: 1335
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 8:17:38 PM
You have to be commited to have a record.
Originally Posted By AmericanPatriot1776:
Originally Posted By JAD:
Which state issued his permit?


Maine.

I remember something about state police checking mental/health records, but I did not pay much attention to it.


أود الثدي
rebel_rifle
Offline
Posts: 7091
Feedback: 100% (2)
Link To This Post
Posted: 8/9/2012 8:24:18 PM
MYOB.

No good deed goes unpunished.

He needs to work it out with his doctor. Once you start giving him advice, you will get yourself into a potential mess.

It truly amazes me what people will confide in their co-workers.........
JAD
Law and Order Conservative
Offline
Posts: 6783
Feedback: 100% (21)
Link To This Post
Posted: 8/9/2012 8:25:01 PM
[Last Edit: 8/9/2012 8:43:33 PM by JAD]
Originally Posted By AmericanPatriot1776:
Originally Posted By JAD:
Which state issued his permit?


Maine.

I remember something about state police checking mental/health records, but I did not pay much attention to it.


I actually happen to have a Maine permit application and info book within arms reach

In the application packet, there is an authorization form which allows the Dorothea Dix Psychiatric Center and the Riverview Psychiatric Center to release to the issuing authority "any record of whether (the applicant) has ever been committed" to the specified facilities. The form goes on to specify that in the event of an affirmative response, the issuing authority MAY request additional information to determine eligibility.

25 MRSA 2003 specifies the eligibility criteria and questions that are supposed to appear on the permit application. I sawseveral items that relate to mental health:

25 MRSA 2003(1)(D)(5)(k) Have you ever been convicted of commiting or found not criminally responsible by reason of mental disease or defect of commititng a crime described in division (b), (c), (f), or (g)? [
25 MRSA 2003(1)(D)(5)(l) [Same as above except Division (d)]
[Division (m) then clarifies Division (l) regarding whether the charge related to a state misdomeanor punishable by <2 years imprisonment. ]
25 MRSA 2003(1)(D)(5)(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
25 MRSA 2003(1)(D)(5)(t) Have you been adjudicated to be an incapacitated person pursuant to title 18-A, Article 5 [Probate Code; Protection of Persons Under Disability and their Property], parts 3 and 4 and have not had that designation removed by order under Title 18-A, Section 5-307, subsection (b) [Termination of INcapacitation]

Based on my review of the application, the last two items can result in refusal. I didn't see the first two items specifically on the application, though I may not have read it close enough. Additionally, the certification lists a number of additional entities from whom information can be obtained (or wherefrom the applicant may be asked to supply information from. That includes the Maine Department of Mental Health and Mental Retardation (limited to records relating to committment to Augusta Mental Health Institute or Bangor Mental Health Institute.

18-A MRSA 5-101(1) defines an incapacitated person as somebody impaired by "reason of mental illness, mental definiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause except minority to te extent that (the person) lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his (or her) person.

(There are also prohibitions to general possession (per 15 MRSA 393) for persons not guilty/guilty/not responsible by reason of mental disease/ defect "without a permit under this section." (The specifics for that permit are detailed later in that section).



Your friend needs to do his own research and talk to a lawyer if he is concerned. However, if he is truly experiencing difficulties, he shouldn't let fears about potential status or stigma keep him from seeking the help that he needs.
Proud Member of Team Ranstad
AmericanPatriot1776
Offline
Posts: 7349
Feedback: 100% (2)
Link To This Post
Posted: 8/9/2012 8:31:32 PM
Originally Posted By JAD:
Originally Posted By AmericanPatriot1776:
Originally Posted By JAD:
Which state issued his permit?


Maine.

I remember something about state police checking mental/health records, but I did not pay much attention to it.


I actually happen to have a Maine permit application and info book within arms reach

In the application packet, there is an authorization form which allows the Dorothea Dix Psychiatric Center and the Riverview Psychiatric Center to release to the issuing authority "any record of whether (the applicant) has ever been committed" to the specified facilities. The form goes on to specify that in the event of an affirmative response, the issuing authority MAY request additional information to determine eligibility.

25 MRSA 2003 specifies the eligibility criteria and questions that are supposed to appear on the permit application. I sawseveral items that relate to mental health:

25 MRSA 2003(1)(D)(5)(k) Have you ever been convicted of commiting or found not criminally responsible by reason of mental disease or defect of commititng a crime described in division (b), (c), (f), or (g)? [
25 MRSA 2003(1)(D)(5)(l) [Same as above except Division (d)]
[Division (m) then clarifies Division (l) regarding whether the charge related to a state misdomeanor punishable by <2 years imprisonment. ]
25 MRSA 2003(1)(D)(5)(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
25 MRSA 2003(1)(D)(5)(t) Have you been adjudicated to be an incapacitated person pursuant to title 18-A, Article 5 [Probate Code; Protection of Persons Under Disability and their Property], parts 3 and 4 and have not had that designation removed by order under Title 18-A, Section 5-307, subsection (b) [Termination of INcapacitation]

18-A MRSA 5-101(1) defines an incapacitated person as somebody impaired by "reason of mental illness, mental definiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause except minority to te extent that (the person) lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his (or her) person.

(There are also prohibitions to general possession (per 15 MRSA 393) for persons not guilty/guilty/not responsible by reason of mental disease/ defect "without a permit under this section." (The specifics for that permit are detailed later in that section).


Your friend needs to do his own research and talk to a lawyer if he is concerned. However, if he is truly experiencing difficulties, he shouldn't let fears about potential status or stigma keep him from seeking the help that he needs.


Thank you for your help.
AmericanPatriot1776
Offline
Posts: 7350
Feedback: 100% (2)
Link To This Post
Posted: 8/9/2012 8:33:33 PM
Originally Posted By rebel_rifle:
MYOB.

No good deed goes unpunished.

He needs to work it out with his doctor. Once you start giving him advice, you will get yourself into a potential mess.

It truly amazes me what people will confide in their co-workers.........



I will keep that in mind. I did help him get into shooting. He did not own a gun before he met me. We have gone out shooting several times and he has purchased a handgun, shotgun and AR15 over the past year.

Just trying to help him out....but I will keep my distance.

MotorMouth
Highly evolved idiot
Offline
Posts: 13568
Feedback: 100% (12)
Link To This Post
Posted: 8/9/2012 8:33:40 PM
Unless a court adjudicates him as mentally incompetent or he is involuntarily committed because of his mental health. He doesn't likely have anything to worry about.

From Maine Revised Statutes


(k) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (b), (c), (f) or (g)?
(l) Have you ever been convicted of committing or found not criminally responsible by reason of mental disease or defect of committing a crime described in division (d)?
* * *
(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
(t) Have you been adjudicated to be an incapacitated person pursuant to Title 18-A, Article 5, Parts 3 and 4 and not had that designation removed by an order under Title 18-A, section 5-307, subsection (b)?

*****************


E. Has been:
(1) Committed involuntarily to a hospital pursuant to an order of the District Court under Title 34-B, section 3864 because the person was found to present a likelihood of serious harm, as defined under Title 34-B, section 3801, subsection 4-A, paragraphs A to C;
(2) Found not criminally responsible by reason of insanity with respect to a criminal charge; or
(3) Found not competent to stand trial with respect to a criminal charge. [2009, c. 651, §1 (AMD).]
"As usual, this guy has it right." - krpind
PaDanby
Military
Online
Posts: 29462
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 8:38:24 PM
it's those words "potentially" and "depression" and "or" that can be the catchers,

In a lot of places the term "depression" is often morphed into "bi-polar" and if you note on both the above you don't need to be adjuticated if you have been diagnosed as bi-polar.

Advise your friend to talk to somebody that works in the field, I expect that many Psychiatrists or Psychologists concern themselves with patients and CCW unless the patient is close to psychotic. And a GP who might properly diagnose depression is almost certainly not familiar with the ramifications You could have had several deaths in the family and job issues and have a GP rightly determine you are depressed. Who wouldn't be? but that shouldn't be enough to dq you.
PaDanby
Military
Online
Posts: 29463
Feedback: 0% (0)
Link To This Post
Posted: 8/9/2012 8:42:32 PM
from the Maine statutes quoted above

(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?

You might think you aren't potentially dangerous, but ?? notice no adjudication required.

Remember all those vets that got rejected by simple diagnosis?
JAD
Law and Order Conservative
Offline
Posts: 6784
Feedback: 100% (21)
Link To This Post
Posted: 8/9/2012 8:44:11 PM
[Last Edit: 8/9/2012 8:44:47 PM by JAD]
Originally Posted By AmericanPatriot1776:
Originally Posted By JAD:
Originally Posted By AmericanPatriot1776:
Originally Posted By JAD:
Which state issued his permit?


Maine.

I remember something about state police checking mental/health records, but I did not pay much attention to it.


I actually happen to have a Maine permit application and info book within arms reach

In the application packet, there is an authorization form which allows the Dorothea Dix Psychiatric Center and the Riverview Psychiatric Center to release to the issuing authority "any record of whether (the applicant) has ever been committed" to the specified facilities. The form goes on to specify that in the event of an affirmative response, the issuing authority MAY request additional information to determine eligibility.

25 MRSA 2003 specifies the eligibility criteria and questions that are supposed to appear on the permit application. I sawseveral items that relate to mental health:

25 MRSA 2003(1)(D)(5)(k) Have you ever been convicted of commiting or found not criminally responsible by reason of mental disease or defect of commititng a crime described in division (b), (c), (f), or (g)? [
25 MRSA 2003(1)(D)(5)(l) [Same as above except Division (d)]
[Division (m) then clarifies Division (l) regarding whether the charge related to a state misdomeanor punishable by <2 years imprisonment. ]
25 MRSA 2003(1)(D)(5)(s) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others?
25 MRSA 2003(1)(D)(5)(t) Have you been adjudicated to be an incapacitated person pursuant to title 18-A, Article 5 [Probate Code; Protection of Persons Under Disability and their Property], parts 3 and 4 and have not had that designation removed by order under Title 18-A, Section 5-307, subsection (b) [Termination of INcapacitation]

18-A MRSA 5-101(1) defines an incapacitated person as somebody impaired by "reason of mental illness, mental definiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause except minority to te extent that (the person) lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his (or her) person.

(There are also prohibitions to general possession (per 15 MRSA 393) for persons not guilty/guilty/not responsible by reason of mental disease/ defect "without a permit under this section." (The specifics for that permit are detailed later in that section).


Your friend needs to do his own research and talk to a lawyer if he is concerned. However, if he is truly experiencing difficulties, he shouldn't let fears about potential status or stigma keep him from seeking the help that he needs.


Thank you for your help.


You're welcome. Please see the little addition that I added in as I read more (It;s not really relevant to your friend, but it makes my reply more complete.)
Proud Member of Team Ranstad
cpermd
Member
Offline
Posts: 3873
Feedback: 100% (26)
Link To This Post
Posted: 8/9/2012 9:34:29 PM
Bullshit
Depression is not a cause for revocation anywhere.