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Questions regarding CCW/PPP and mental health.

3.8K views 17 replies 16 participants last post by  trcubed  
#1 ·
My fiance has dealt with depression in the past and currently goes to a psychiatrist once every 3-4 mths for medication monitoring. She also underwent voluntary inpatient care five years ago to help her get over her divorce. She has been doing well the four years I have known her and not had any issues. We are interested in getting her CCW but do not want to waste the time/money if she will be denied for these reasons. Also would she be turned down for a PPP. She has passed an NCIS background check when buying me a rifle. I wanted to see if any one had any advice/guidance before we talk to a lawyer.
 
#3 ·
While I'm no legal eagle, I've got a close friend who has a similar situation with psych visits, medication, and counseling. She was able to get he CCW with no issues and was able to get PPP before that.

As long as there has been no involuntary commitments, and she hasn't been deemed a danger to harm herself or others, I think she's good to go.
 
#4 ·
I would ask for a copy of her records from any dr or facility that has been part of the depression treatment and see what they say. That way you are informed. Also when they ask for her records from her Dr, if he/she writes a note that she is competent and has no danger to herself or others that will help as well or puts that in her records as an entry. Also the county you are in may come into play as some sheriffs think they are god and get to decide based on personal feelings who gets what.
 
#5 ·
Thanks for all the responses. I am lucky that living in Warren county Sheriff Williams has no problem issuing permits hassle free.
 
#6 · (Edited)
According to NC requirements for issuance of a permit to purchase a handgun, under GS 14-402: (in part)
NC law further specifies that a permit shall not be issued to the following:
(d)The applicant has been adjudicated incompetent or has been committed to any mental institution.

Since she has not been committed or found incompetent in court, she should be okay to qualify. There is a further provision in NCGS 14-404, though:

Each applicant for a permit should be informed by the sheriff within 14 days of the date of application whether the permit will be granted or denied. When a sheriff is not fully satisfied with the applicant's good moral character or eligibility to receive a permit, he/she should notify the applicant of the reasons for his or her refusal to issue a permit within 7 days of his decision. Notification must cite the specific facts and law upon which the sheriff concluded that the applicant was not qualified for the permit. An applicant refused a permit has a right to appeal such refusal to the Chief District Court Judge for the district in which the application was filed. A judicial determination upholding the denial will be forwarded to NICS by the Clerk of Superior Court within 48 hours.

The sheriff must keep a list of all permit denials, which includes the specific reasons for the denial; however, the list cannot contain any information that would identify the applicant. Unlike the list of issued permits which IS NOT public record, the list of denied permits IS public record.

I am making no independent judgement or statement here; the above is verbatim from NCGS Firearms laws, and is subject to legal interpretation.
 
#7 ·
According to NC requirements for issuance of a permit to purchase a handgun, under GS 14-402: (in part)
NC law further specifies that a permit shall not be issued to the following:
(d)The applicant has been adjudicated incompetent or has been committed to any mental institution.

Since she has not been committed or found incompetent in court, she should be okay to qualify. There is a further provision in NCGS 14-404, though:

Each applicant for a permit should be informed by the sheriff within 14 days of the date of application whether the permit will be granted or denied. When a sheriff is not fully satisfied with the applicant's good moral character or eligibility to receive a permit, he/she should notify the applicant of the reasons for his or her refusal to issue a permit within 7 days of his decision. Notification must cite the specific facts and law upon which the sheriff concluded that the applicant was not qualified for the permit. An applicant refused a permit has a right to appeal such refusal to the Chief District Court Judge for the district in which the application was filed. A judicial determination upholding the denial will be forwarded to NICS by the Clerk of Superior Court within 48 hours.

The sheriff must keep a list of all permit denials, which includes the specific reasons for the denial; however, the list cannot contain any information that would identify the applicant. Unlike the list of issued permits which IS NOT public record, the list of denied permits IS public record.

I am making no independent judgement or statement here; the above is verbatim from NCGS Firearms laws, and is subject to legal interpretation.
Does the word Committed throw a wrench in the situation? They obviously purposely left out the wording saying "Involuntarily" Committed and just said Committed. You can voluntarily commit yourself for treatment.
 
#9 ·
this is sort of on-topic with this thread: I am filling out my CCW renewal for Forsyth county and this is the first time I've had to fill in the mental health form. I have no history of mental health issues and I'm not concerned about anything coming up when they check, but I was wondering if I still need to list out every doctor's office or hospital that has ever seen me. It says "any and all doctors, hospitals, or other providers who have ever provided physical or mental health or substance abuse treatment or care to me, including without limitation the providers named below...". If I have to recall every doctor I've been to, it could be a long list. Any advice? I was thinking I'd just put my family doctor and the local hospital and leave it at that.
 
#10 ·
I submitted to the states mental health records. I didn't see any sort of paperwork to list every Dr I have ever been to when I renewed, or when I first received a permit. I'm guessing this is specific to your Sheriff. Anyway, all your private and confidential medical records should be none of their business for you to exercise a right. This permit crap is bs. We need constitutional carry or a form of permitless concealed carry bill in NC.
 
#13 ·
Only a few states ban for voluntary. And even those are only considered in the past 5 years. And they consider going to booze rehab a voluntary commitment.
But NC, is not one of those as I recall.

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#14 ·
this is sort of on-topic with this thread: I am filling out my CCW renewal for Forsyth county and this is the first time I've had to fill in the mental health form. I have no history of mental health issues and I'm not concerned about anything coming up when they check, but I was wondering if I still need to list out every doctor's office or hospital that has ever seen me. It says "any and all doctors, hospitals, or other providers who have ever provided physical or mental health or substance abuse treatment or care to me, including without limitation the providers named below...". If I have to recall every doctor I've been to, it could be a long list. Any advice? I was thinking I'd just put my family doctor and the local hospital and leave it at that.
I put a slash through the whole section and write NONE. If they want to search the whole country, or even the state, for every doctor I have seen, they can have at it. I have done the same each time I applied or renewed and I am on my second renewal.
 
#15 ·
I just filled out the renewal for Guilford County and they list the places they will query, but I've never been to any of them. I get a chuckle out of the form because it lists places in a Guilford, Randolph, and Alamance counties, but my doctor is in Orange at UNC.

Still doesn't change the fact that the sheriffs are looking for loopholes in the laws to exploit and it isn't right. SB is correct, all the more reason for permit less carry.

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#17 ·
My wife has no issues, and still carries without a permit. She refuses to be on a "government list".

She's just that way.

Now that we have Obama Care and shared electronic medical databases, the answer to everything is "no".

Do you smoke? "no". (If you even admit to having an occasional cigar, you will be broad-brushed as a "smoker". Your insurance just went up.

Do you drink? "no".

Do you have any firearms in your home? "no".

Sucks, but that's the way it is. Of course, I do none of these. I'm clean as a hound's tooth.

There are doctors out there that will treat people off the record. (Paper prescriptions).

You won't be able to put meds on your insurance (pay cash), but there are plenty of anxiety/depression meds that are really cheap.