Concealed carry and mental treatment

Discussion in 'The Constitutional & RKBA Forum' started by ilovenxstage, May 11, 2012.

  1. ilovenxstage

    ilovenxstage New Member

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    Ok, I am wanting to apply for an Indiana concealed carry permit, but I know they ask if you have had any treatment for mental illness. I have had treatment for acute depression and anxiety after a lot of physical health problems I've had. I can't be sure that a psychiatrist would "approve" of me having a CCW permit, but my question is, are they even allowed to look in my medical records to see that I HAVE had mental treatment? I meet every other requirement in the state to be issued a CCW.
  2. Rocketman1

    Rocketman1 Well-Known Member

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    I don't think that treatment for depression and anxiety would be considered a mental illness. I believe the question on the form is "Have you ever been diagnosed with a mental illness? (Yes or No)

    See what the Doc syas.
  3. armoredman

    armoredman New Member

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    That is something you need to discuss with a CCW Instructor in your area and an attorney conversant with the law. Good luck!
  4. whymememe

    whymememe Former Guest

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    They are only allowed to access your medical records if you sign a release of medical information form. Its called HIPPA. Its the privacy act. I wouldn't even ask the psychiatrist/ (quackiatrist).
  5. hogger129

    hogger129 Active Member

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    +1

    I am pretty sure you either have had to have been diagnosed with a mental illness or been committed to some kind of a mental institution in order to be disqualified on "mental issues" grounds. Pretty sure depression and anxiety doesn't quality as that.
    Last edited: May 12, 2012
  6. jstgsn

    jstgsn Well-Known Member

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    Actually, I'm pretty sure that the conservative half of the country has been depressed since O has been elected.
  7. Rocketman1

    Rocketman1 Well-Known Member

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    Thats whats wrong with me.
    Maybe I will feel better in September.
  8. 76Highboy

    76Highboy Well-Known Member Supporting Member

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    I agree. I would just answer no on that.
  9. permafrost

    permafrost Active Member

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    Your state Bureau of Investigation (or whatever passes for that) should have a website. Go there and look for the CCW page. It should tell you exactly what your state considers a mental illness.
  10. raven818

    raven818 Well-Known Member Supporting Member

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    If you have a personal relationship with the treating physician. Ask them if they reported it. " just curious if something like I 'had' is reported, it might interfere with a job later on '.
  11. RunningOnMT

    RunningOnMT New Member

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    OK, to be denied the right to purchase a firearm under federal regulations, which I'm sure you know, asks if you have been adjudicated mentally ill or confined to a mental hospital against your will, or words to that effect. "Adjudicated" means a judge has ordered you into treatment. Without that court order under circumstances a person may be confined for a period of up to 72 hours, without their consent, for observation. As long as you've never been hospitalized against your will, you're ok to purchase.

    Being issued a permit to carry is another matter. I could be wrong but I imagine there are some municipalities where you would be required to sign a form giving them permission to access your records as a prerequisite to being issued a permit. Most times the permits are issued with the approval of the county sheriff or in some cases the local police chief. I have heard of local sheriffs making arbitrary decisions denying concealed carry permits, an act I personally believe is unconstitutional, but they do it.

    Not knowing your state and local laws I can't answer the question, but I don't believe they will deny you the right to carry for depression alone, unless there was information that you were so severely depressed that you might harm yourself, for example if you have attempted suicide in the past. Barring that I think you'll be OK. If a history of depression was enough to be denied the right to carry, there'd be a whole lot fewer people carrying. Depression in this day and age is a sign of sanity.
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