I'm a little concerned

[poisonposey]

I'm a little concerned that I won't be able to get my LTC. The recent event in Fairhaven leads me to believe that any one who's ever spoken with a mental health professional might not get their LTC( even if it was a psycologist). I don't have any mental instability, I had just gone through a really rough patch in my life. I was on a mild anti-depressant for 3 months while I went to counsiling for depression. It's been well over 5 years since that time, but I'm afraid that it might come up. Should I be worried?

 

[Lugnut]

I'm a little concerned that I won't be able to get my LTC. The recent event in Fairhaven leads me to believe that any one who's ever spoken with a mental health professional might not get their LTC( even if it was a psycologist). I don't have any mental instability, I had just gone through a really rough patch in my life. I was on a mild anti-depressant for 3 months while I went to counsiling for depression. It's been well over 5 years since that time, but I'm afraid that it might come up. Should I be worried?

Poison- If you are all squared up now- I'd get in touch with an attorney to go over this with you. Take care and welcome to the forum.

EDIT: I'm no expert but I don't think they ask if you've been on meds or in counciling... but I don't have an application handy.. do you?

 

[Lugnut]

Just found it.. here's the only thing I see on my local town's application.

HAVE YOU EVER BEEN CONFINED TO ANY HOSPITAL OR INSTITUTION FOR MENTAL ILLNESS?

 

[turkey870]

They can't ask about your meds. It violates doctor/patient privacy. If, however, you have been confined --note "been confined" -- it is a matter of public record since it takes a court order to confine a person to mental institution.

 

[drgrant]

No, as I don't believe it's any kind of statutory requirement that you
report your visit to the doc. They have no way of knowing it anyways
unless you were messed up enough to be committed by the
state. Getting some "happy pills" from the doc is not going to trigger an
alarm bell, though.

FWIW, a good friend of mine has had mild depression on and off
and she just got her LTC, without any trouble. From what I see,
she's not really a risk to herself or others, so I don't see any
problem with it. She might get bummed out once in awhile, but
not enough to hurt herself or somebody else, thats for
sure.


-Mike

 

[turkey870]

There is a large difference between a person who gets bummed out and one who has been involuntarily committed for a dissociate disorder like schizophrenia/mania where you drop in and out of reality. I think that is what they are going after.

 

[LoginName]

From the MGL...

(ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;

http://www.mass.gov/legis/laws/mgl/140-131.htm

Unless you were "confined to any hospital or institution for mental illness" by a judges order (I'm not certain if a person can be confined by a doctor in this state), then whatever issues you've had in the past shouldn't matter... the issuing authority shouldn't even have access to that sort of information (despite whatever hand-wringing brainiacs like John Rosenthal tell us).

Then again... this is MA we're talking about and the CLEO (issuing authority),
can pull whatever "reason for denial" rabbit-out-of-his-ass excuse as he sees fit.

Are you certain it's the counseling you received that's holding up your application or is it just department bureaucracy?

If it's the former... might be time to lawyer up.

 

[Lynne]

I don't think you have anything to worry about. Have you already applied? If you haven't been involuntarily commited, then it shouldn't be a problem. I had a student who went through voluntary counseling about 5 years before applying. She didn't have any problems getting her license....course, she didn't offer up the information either.

 

[calsdad]

I'm a little concerned that I won't be able to get my LTC. The recent event in Fairhaven leads me to believe that any one who's ever spoken with a mental health professional might not get their LTC( even if it was a psycologist). I don't have any mental instability, I had just gone through a really rough patch in my life. I was on a mild anti-depressant for 3 months while I went to counsiling for depression. It's been well over 5 years since that time, but I'm afraid that it might come up. Should I be worried?

What town are you located in? That also has a lot to do with it. There is a thread somewhere here on Northeastshooters where people have responded back as to the likelihood of getting the license in each town.

Other than that I would not worry about it - go by the letter of the application, and just speaking with a psychologist should be privileged information anyway. If you have any questions I would try contacting Jesse Cohen ( www.attorneycohen.com) - I had some questions about some youthful indiscretions when I applied for my license and he was very nice and helpful. Turned out I did not have to worry - the person doing the application in my town never even asked about any of that and I got the license with no problems.

 

[JmasterJ]

I wouldn't worry about this..."they" are only really worried about people who are legitimately insane or crazy, i.e. those who have had reservations at Bridgewater State Hospital.

 

[Reptile]

Are you guys saying that if you have been VOLUNTARILY admitted to a mental hospital, that you are ok to get a LTC?

I think that "confined" means voluntary or involuntary since the federal law already prohibits involuntary from owning guns. So you would need an affidavit, right?

What would a person do if they have been volunarily in an instutution, but could not get a doctors affidavit? Is an affidavit necessary if you've only been admitted voluntarily? Would the chief unlawfully refuse to give you any kind of license or just give you a LTC restricted to target?

Reptile

p.s.- I'm not nuts but this is interesting!

 

[Lynne]

Are you guys saying that if you have been VOLUNTARILY admitted to a mental hospital, that you are ok to get a LTC?

I think that "confined" means voluntary or involuntary since the federal law already prohibits involuntary from owning guns. So you would need an affidavit, right?

What would a person do if they have been volunarily in an instutution, but could not get a doctors affidavit? Is an affidavit necessary if you've only been admitted voluntarily? Would the chief unlawfully refuse to give you any kind of license or just give you a LTC restricted to target?

Reptile

p.s.- I'm not nuts but this is interesting!

Voluntary confinements are between the doctor and the patient, IIRC (I'm sure Scriv will ream me out if I'm wrong ). An Involuntary commitment by a judge would be public record.

Welcome to the forum, btw.

 

[poisonposey]

Thanks!

No i wasn't in a hospital. But the news keeps bringing up how that guy who shot up the Foxy Lady didn't have any "red flags". No I haven't applied yet. They make you get 3 letters of refernce on top of 2 more people to be references on the application. I also have to submit a letter stating why I want a ltc.

 

[blindndead]

Hey

I just think your full blown nuts. No wait I am full blown nuts I live in the same house as you.

 

[dwarven1]

They make you get 3 letters of refernce on top of 2 more people to be references on the application. I also have to submit a letter stating why I want a ltc.

You REALLY need to get a lawyer first; there is no legal basis for them asking you for the letters, nor the letter stating WHY ("because I want to buy a gun, stupid!").

Cross-X does this type of stuff, as does the ever-abrasive Scrivener (be nice to see that sarcasm directed towards someone else when you're paying for it, wouldn't it?) and jcohen. (all members here... that tell you something?)

Good luck.

 

[calsdad]

No i wasn't in a hospital. But the news keeps bringing up how that guy who shot up the Foxy Lady didn't have any "red flags". No I haven't applied yet. They make you get 3 letters of refernce on top of 2 more people to be references on the application. I also have to submit a letter stating why I want a ltc.

This is a town by town thing - there is a state form, and then the towns are free to add other requirements on top of that. In my town they only required two letters of reference. As it stands now it sounds like there would be no red flags in your record that would come up - somebody correct me if I am wrong, but if you were not in a hospital - you just visited a mental health professional - there are no public records that the state could access that would show up on the background check.

Given what has happened I would get going on the application as soon as possible and get it in, the political winds are blowing and things could change shortly, not guaranteed they will - but they might.

 

[dwarven1]

This is a town by town thing - there is a state form, and then the towns are free to add other requirements on top of that.

NO, they are NOT!!! They do so in violation of the law - unfortunately, there is no penalty spelled out so they can get away with it.

Good G-d, I'm channelling Scrivener!!

 

[jamz]

I wouldn't mention it. When I was a MA resident, I had taken psychotropic drugs and spoken with psychiatrists for a certain mental disorder regarding attention.. and ..... hey, let's ride bikes!

The law was created as a safeguard for those who are a clear danger to themselves, and that doen't include 98.999 percent of all people taking medications for mental issues. Can you imagine the number of people who have gotten scripts for prozac or valium? It's a lot.

 

[KMaurer]

... unfortunately, there is no penalty spelled out so they can get away with it. ...

Isn't that what "free" means? A law with no associated penalty for violation is a lot like my saying that you're not allowed to wear white socks. You're just as free to wear them as the police are to add whatever "requirements" they feel like. And I'm free to think and say that they're all a bunch of ... well, at least until Devil takes office and the legislature reconvenes in a few weeks, then all bets are off.

Ken

 

[adweisbe]

For this very reason I will not consult someone no matter how bad I feel. As long as I can function it is not worth losing my license. Put a +1 in the Ritalin camp for me. It's not the type of thing they would care about so it doesn't worry me and it is the only way I can remain employed

 

[dreppucci007]

Trust me, (I'm simplifying here) if they put restrictions on things because someone's on an anti-depressant, anti-anxiety, or ADD/OCD related medication, a good majority of our population wouldn't be able to do a goddamn thing. More people are on some sort of medication like that than you probably care to know, and it's not necessarily such a bad thing. I'd put money on the fact that a good 60-70% of NESrs have, at one point in time, been on a medication of some sort to help with those issues.

Ok, I'm rushing because I'm running late to head off to work ...Gotta go give out some meds

 

[Admin]

The only meds I take are Sam Adams...

And overdosing kills me sometimes...

 

[matt1956]

I believe that it is illegal for them to even ask you that.

Again... doesnt stop them from asking, but you have no obligation to answer.

 

[Scrivener]

I'm a little concerned that I won't be able to get my LTC.

If you're only "a little concerned," you clearly do not comprehend the situation.

Even a casual perusal of this forum would alert any sentient reader to the caprices, abuses and power-trips firearms licensees are subjected to in this state. Applying in a town where the PD demands three letters when none are required pretty much gives an applicant all the notice they need.

 

[depicts]

POISONPosey, I just read in another post that Blindndead is your roomate. I don't know if that is true, but if it is, and after the problems he has admitted, I kind of suspect there may be more to your story than you are letting on.

If you do not live with Blindndead, why did he say you're nuts and live in the same house? I notice you are both press operators.

With that being said

confinement to a mental facility or hospital can be on a voluntary basis for many reasons. This should not preclude you from getting licensed .

People go to counseling all the time for things like marriage problems, problems with their teenage kids, stress from work, ect, ect. I think everyone should go and have a routine "check up" or sessions. It's amazing what you can learn about yourself (or so I've been told....)

If I were in your situation however, just getting my first permit, and I knew then what I know now, there is no doubt I would hire an attorney before I even submitted my application. ,

I have taken a CoP to court to get my license, and am glad I did it. I now have no problems getting renewals in the proper time, and with great courtesy, especially from the new Chief who is more open minded than the last Chief.

 

[Lynne]

Good G-d, I'm channelling Scrivener!!

 

[poisonposey]

POISONPosey, I just read in another post that Blindndead is your roomate. I don't know if that is true, but if it is, and after the problems he has admitted, I kind of suspect there may be more to your story than you are letting on.

If you do not live with Blindndead, why did he say you're nuts and live in the same house? I notice you are both press operators.

With that being said

confinement to a mental facility or hospital can be on a voluntary basis for many reasons. This should not preclude you from getting licensed .

People go to counseling all the time for things like marriage problems, problems with their teenage kids, stress from work, ect, ect. I think everyone should go and have a routine "check up" or sessions. It's amazing what you can learn about yourself (or so I've been told....)

If I were in your situation however, just getting my first permit, and I knew then what I know now, there is no doubt I would hire an attorney before I even submitted my application. ,

I have taken a CoP to court to get my license, and am glad I did it. I now have no problems getting renewals in the proper time, and with great courtesy, especially from the new Chief who is more open minded than the last Chief.

I own a home with him. There isn't more to the story except that my nephew was being taken away from us and another family member was in trouble with the police. I don't have a criminal record only 2 speeding tickets. I know that the letters aren't really required, but can they really make you get them? If I don't, can they legally deny my application? And since I reside at the same address as blindanddead, will they give me a hassel?

 

[M1911]

For this very reason I will not consult someone no matter how bad I feel.

There are folks who choose to pay in cash and give a false name for such counseling.

I know that the letters aren't really required, but can they really make you get them? If I don't, can they legally deny my application?

The chief has very wide discretion. He can decide you are not "suitable" for almost any reason (or no reason at all). So yes, he could decide to deny your application.

I chose to provide the requested references, who were never contacted.

And since I reside at the same address as blindanddead, will they give me a hassel?

Only one who knows that is your firearms licensing officer and/or chief.

 

[poisonposey]

Thanks!

I already have my letters and my 2 references. I just want to make sure that they are needed. All these posts have been very helpful.

 

[Lynne]

Good luck hun.