Will this deny me?

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  • jbadjones

    Well-Known Member
    Rating - 96.7%
    119   4   0
    Nov 1, 2008
    1,351
    38
    Natchitoches
    First off, I have nothing to hide and it's not like I wouldn't tell LSP this if they called to clarify anyway. Here's my dilemma. I sent a check in for my CCW class.

    When I was 15 (11 years ago) I voluntarily went to a mental health hospital for one week. I was suffering from major depression due to the death of my father. And like what I believe most normal teenagers do, it came up that I was smoking pot and drinking alcohol. I started filling out the paperwork and saw the mental health questions and wondered if I should go any further or just save my money on the class. I should note that I was never diagnosed with any type of mental disorder, only depression due to a tragedy. This has of course since been alleviated. I do not and have not taken anti-depressants or any other kind of medication and haven't since 16 years old (10 years ago). I have never been in any kind of legal trouble or adjudicated mentally defective or however the question reads. Any advice would be appreciated.

    And to add. I called the hospital where I went and they said that they do not keep records more than 10 years but my name is still on file that I went there. Thanks guys!
     

    Guate_shooter

    LA CHP Instructor # 522
    Rating - 100%
    30   0   0
    Dec 4, 2009
    9,424
    36
    (Breaux Bridge)
    I am by no means an expert in this all I can tell you is what happened in my case.

    I was detained NOT arrested, when I was in the process of going from a Legal Student with a Visa to a Permanent US Resident by ICE, because of a f up on the paperwork and they kept me detained until they were able to clear and verify my case and that it was their mistake and not mine, 4 days total.

    There was never an arrest report filed since I was only being detained, when I aplied for the first time for my permit I never put it on the aplication since technically there is no file, well I was contacted by LSP saying that unless I could give them more information on the issue and clarify my paperwork was going to be rejected since they showed an entry to the system with a blank file.

    I had to go to the Parish Court and get a certified letter saying that there was no record and that i was clear, then I had to go to the SO of the same Parish and do the same just to proove that the incident was clear, I also attached a letter of explanation of the issue and gave them the information of the Agent who had handled the case, only then I was able to get my paperwork aprooved.

    I would probably list the issue, and attached a letter of explanation, I would also probably contact the hospital and ask if they could provide me with a letter saying that your file no longer exists, at the same time it would also help if you could get your personal doctor to write a letter saying that you are in good shape and that you are not under any kind of medication for depression or anxiety.

    I dont see it being a problem IF you list it otherwise, it will only make the process longer once they ask you to explain why you failed to list the issue.

    Best of luck.
     

    scottjajr

    Marksman
    Rating - 100%
    1   0   0
    Mar 29, 2009
    120
    16
    Oakdale
    My wife was in the same situtation as you, she went to a mental clinic when her parents got divorced. She didn't put anything about it on her application, because she had for got about it all. A few weeks after she sent in her application. she got a letter from Sgt. Reavis, I believe thats whom it was asking why she didn't put anything about it in her app. She told him she forgot about. He told her to get a letter from the clinic stating what they did and had her write a letter explaining why she didn't acknowledge it in her app. The ones she talked with in Baton Rouge were very helpful.
     

    charlie12

    Not a Fed.
    Rating - 100%
    4   0   0
    Apr 21, 2008
    8,552
    63
    Pride
    My wife was in the same situtation as you, she went to a mental clinic when her parents got divorced. She didn't put anything about it on her application, because she had for got about it all. A few weeks after she sent in her application. she got a letter from Sgt. Reavis, I believe thats whom it was asking why she didn't put anything about it in her app. She told him she forgot about. He told her to get a letter from the clinic stating what they did and had her write a letter explaining why she didn't acknowledge it in her app. The ones she talked with in Baton Rouge were very helpful.

    How old was she?
     

    Sin-ster

    GM of 4 Letter Outbursts
    Rating - 100%
    33   0   0
    if a judge didn't put you there then you should be good.

    This, from what I've read and heard in the past.

    I thought the stipulation was "involuntarily" placed in a mental health facility, as in a legal guardian or more likely (and pertinently) a judge placed you there by court order.

    I'm not an expert, but that is my recollection of other conversations on this subject. Someone else on this site should have the full details-- coughcough, Nola or one of our lawyers, coughcough.
     

    penguin

    Well-Known Member
    Rating - 100%
    4   0   0
    Sep 12, 2006
    1,821
    36
    Slidell, LA / NOLA
    I had to help someone out with this same situation (or a very similar one). 18 USCS 922(g)(4) states that it will be unlawful for anyone who has been adjudicated as a mental defective or who has been committed to a mental institution to own a firearm or ammunition. Specifically, 27 CFR 178.11 defines 'mental defective'. 27 CFR 178.11 also defines 'committed to a mental institution'. However, in applying the above, consideration must be given to US v Giardina 861 F.2nd 1334 (5th Cir. 1988) that 'Louisiana law provides for 'admission by emergency certificate is not 'commitment'. Rather, if the patient is to be held beyond 15 days, there must be a judicial commitment.

    Basically, you could go to a mental institution on a PEC, CEC or voluntary but you are not committed. In Giardina the .gov denied his ownership of a firearm because he went to a hospital for a few days. He was arrested and sent to jail for a short period of time. However, he appealed and it went to the 5th Circuit Court of Appeals. Hon. Judge Politz stated "There being no judicial commitment in the case at bar, there is no violation of 18 U.S.C. Sec. 922. Accordingly, Giardina's conviction and sentence are VACATED and the indictment is DISMISSED."

    Google Giardina and you should find some good info on it. Now, back ground checks are there for a reason and mental issues should always be considered when owning a firearm. However, mental 'issues' are bandied about by doctors and pharmaceutical companies daily and proper DSMs are not applied when people are given meds by their PCPs. They just get the drugs. Going to a behavioral health center is different. You could have had a temporary breakdown, or, it could be for something that is far deeper and involved. Each individual needs to look at that situation carefully and talk with close family members about it. If you've been there, don't just rely on your own thoughts. They can trick you. HTH.
     

    Cat

    *Banned*
    Rating - 0%
    0   0   0
    Jan 5, 2009
    7,045
    36
    NE of Alexandria, Cenla
    First off, I have nothing to hide and it's not like I wouldn't tell LSP this if they called to clarify anyway. Here's my dilemma. I sent a check in for my CCW class.

    When I was 15 (11 years ago) I voluntarily went to a mental health hospital for one week. I was suffering from major depression due to the death of my father. And like what I believe most normal teenagers do, it came up that I was smoking pot and drinking alcohol. I started filling out the paperwork and saw the mental health questions and wondered if I should go any further or just save my money on the class. I should note that I was never diagnosed with any type of mental disorder, only depression due to a tragedy. This has of course since been alleviated. I do not and have not taken anti-depressants or any other kind of medication and haven't since 16 years old (10 years ago). I have never been in any kind of legal trouble or adjudicated mentally defective or however the question reads. Any advice would be appreciated.

    And to add. I called the hospital where I went and they said that they do not keep records more than 10 years but my name is still on file that I went there. Thanks guys!

    Shouldn't have an effect at all.

    I have diagnosed generalized anxiety disorder due to the death of a child. I was an adult with another child at home and a husband for support so I didn't end up in a mental hospital but had our oldest been a teenager, I could well imagine she'd travel that same path. That's hard on us as adults, even harder on them.

    My physician no longer practices in the state of Louisiana so the sections asking what my new physician's opinions were posed a problem. She didn't feel she could state I was of sound mind because at that time our first visit was the CHP forms visit. She called HQ, talked to someone in the CHP department and explained the dilemma. They told her that was fine, for me to send it in anyway. So only half of my medical forms were filled out, the diagnosis and medication half. She included her name, phone number and a brief explanation of my previous doctor's leaving, etc.

    I received my CHP in about a month. It was quick.
     
    Last edited:

    aroundlsu

    Bayou Photo Shooter
    Rating - 100%
    19   0   0
    Dec 21, 2007
    2,795
    38
    Baton Rouge
    Well you just posted in a public forum that the CHP unit is known to read. You should probably disclose what happened because now they know anyway.
     

    jbadjones

    Well-Known Member
    Rating - 96.7%
    119   4   0
    Nov 1, 2008
    1,351
    38
    Natchitoches
    Well you just posted in a public forum that the CHP unit is known to read. You should probably disclose what happened because now they know anyway.

    I had no intention of leaving it out. I would hate for my application be denied because they thought I was trying to omit something major. I just wanted to know if anybody had any insight on the problem (which guys, all your info was great, thanks so much!). No secrets with me brother, I'm an open book :) I'm calling the CHP dept. tomorrow and explain my situation so they can tell me exactly what I need to do.
     
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