Turned down for CCW because of depression meds?

[Mark_H]

Have you or someone you know ever been turned down for a CCW permit because they took medication for depression?

I started filling out my CCW permit for Louisiana and they have a form to list my therapist who I have not seen in 6 months. I still take medication for depression.

Does it help that Louisiana is a shall issue state? If I am turned down, will that stop me from being able to buy a firearm?

Here are the questions they asked that have to do with this issue:

13. Are you an unlawful user of or addicted to Marijuana, depressants, stimulants, or narcotic drugs? - NO

14. Have you ever been committed involuntarily, or voluntarily admitted to any treatment facility, institution, or hospital for
the abuse of a controlled dangerous substance as defined in R.S. 40:961 and 964 or for the abuse of alcoholic beverages? - NO

15. Have you ever been adjudicated mentally deficient or been committed to a mental institution? - NO

16. Have you ever been hospitalized for any form of mental illness or infirmity? - NO

17. Have you ever received medical treatment for a mental disorder of any kind by a licensed medical practitioner? - YES

18. Are you currently taking, or have you ever been prescribed any medication used for the treatment of depression, psychosis
or any mental illness? - YES

19. Are you suffering from any mental or physical infirmity due to disease, illness, or retardation, which could prevent the safe
handling of a handgun? - NO

[Omega_556]

Have you spoken with an attorney who specializes in firearms related matters?

I've got nothing for you, but I'm interested to see how this turns out.

[brownroux1]

From what I know, anytime you awnser yes to any of those questions, it is grounds for denial. Are you able to purchase firearms? I know in Florida when you fill out the form for purchase and you say yes to any of those questions they deny the purchase.

[aquajon]

I would definitely talk to an attorney about it first. Once you submit that information to the state you might be done for.

I know some some criminal cases they can expunge the record and you can then answer "NO" to those questions. Maybe they can do something similar with medical cases. Also, the state doesn't' have access to your medical records so.....

[ick]

I am in the insurance field. I am totally SHOCKED at the number of people that are on "mood altering" medications like Zoloft, etc.

Staggering, really.

No offense to you bud, I know some friends of mine take some things to 'help" them. I guess they need it, I am not qualified on the subject.

I will tell you this though. I was involved with a case where this doctor (psycologist) wanted to get disability insurance. She had SELF MEDICATED all sorts of drugs for depression, mood swings, etc.

She was obviously irritated when the underwriter started asking questions. The insurance company declined her application of course. She was totally bewildered as to the reason why.

After some time and phone calls passed it became clear to me that she was a total whack-o. No wonder the company declined to write her disability insurance.

It wasn't long after that... she found that she was so depressed she "could no longer work any more" and wanted her existing disability insurance to "compensate her for being depressed and unable to work, making her disabled".

What an eye-opener that case was.

Just make sure you don't end up like her.

[/img]

[digitspaw]

From what I know, anytime you awnser yes to any of those questions, it is grounds for denial. Are you able to purchase firearms? I know in Florida when you fill out the form for purchase and you say yes to any of those questions they deny the purchase.

He is not in Florida and Louisiana law could be substantially different.

As for the ability to purchase a firearm? Well, that's a federal issue and as long as he has not been ADJUDICATED as mentally incompetent or he was COMMITTED to a mental hospital, he should be okay. Taking depression meds should not prevent you from truthfully completing a Form 4473. The state has nothing to do with it at that level.




Paw






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[brownroux1]

I am not sure in this case, with just being perscribed medication but this is what I know:

When you purchase a firearm from an FFL, you must fill out FEDERAL form 4473. Certain answers on form 4473 DISQUALIFY a person from being able to purchase a handgun.



Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

[digitspaw]

I am not sure in this case, with just being perscribed medication but this is what I know:

When you purchase a firearm from an FFL, you must fill out FEDERAL form 4473. Certain answers on form 4473 DISQUALIFY a person from being able to purchase a handgun.



Federal Categories of Persons Prohibited From Receiving

A delay response from the NICS Section indicates that either you or another individual with a similar name and/or similar descriptive features (name, sex, race, date of birth, state of residence, social security number, height, weight, or place of birth) has been matched with either state prohibitive criteria or one or more of the following federally prohibitive criteria:

A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
A person who, being an alien, is illegally or unlawfully in the United States.
A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
A person dishonorably discharged from the United States Armed Forces.
A person who has renounced his/her United States citizenship.
The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

Isn't the bold portion of your post saying exactly what I just posted? I am pointing out that he is LEGALLY using prescription medication. His meds are not controlled substances. That makes it NO problem as far as the Form 4473 goes.




Paw






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[bondoscustomz1]

There is only one rule when you are taking drugs and that is that you tell nobody!!!!!!!!!!!! Seriously, the only time you state that you are being medicated is when you are either court ordered treatment or on file or about to be tested. As long as you aren't crazy( you probably wouldn't admit it) don't ask don't tell. Between me and you, I ain't told nobody I be smokin' crack and eatin' cheeto's and I got's plenty of guns!!!!!!!!!!!! Don't tell nobody please? Just kiddin'. This is just my opinion on the subject. Thanks

[jeephipwr]

Situational depression is different from Clinical Depression. If you were treated for depression for events that were occuring in your life, divorce, death of spouse or child, job loss, etc., everyone undergoes some of these and has trouble but eventually moves on. If this is you, I wouldn't even mention it.

Clinical depression is a true health issue that might have long term treament prescribed. This might have a factor. If this is you, please wear a red hat so I can see you.

[Ctaylor]

IANAL-But I know that in Georgia you cannot be denied a CCW permit for taking prescription anti-depressants as long as you have not been admitted to a mental hospital or have received some sort of inpatient treatment related to a mental disability. OUTPATIENT treatment is entirely different, and going to see a psychiatrist on a regular basis falls under that definition.

See http://www.georgiacarry.org/cms/georgia ... #Licensing the last question.

Note that this only applies to Georgia, but if you were denied a CCW because of taking prescription anti-depressants I recommend contacting your local carry organization and seeing what you can do to either get your permit or change the local laws.

[silverbulletexpress]

Keep it to yourself.

[Twinsen]

Keep it to yourself.

Seriously. If the state doesn't know about it, why the hell tell them? They have the right to know? Didn't think so.

[gunham]

Obama Health Scam wants to make it so that the State/Feds know this kind of stuff so that they can deny you your rights. And don't think for one minute that you will ever get your rights back.

[GlockBuyer]

I would bet that half of the US population is on one or more medications that can or do alter one's mood. Anti-deppressants are extremely common as are long term pain management drugs. And what if a Diabetic had an attack while carrying or using a firearm? Where does it end? I'm not a Lawyer, but I wouldn't tell anyone anything. My Doctor & Insurance carrier already know too much!

As long as you haven't been "committed", then I don't see the problem - but the Law is probably less forgiving and the Examiner would probably toss it without a complete explanation & Doctor's Note.

And then there are the Non-Perscription Meds like Beer, Wine & Liquor...... funny how they don't care if you get slammed every night.

[2manygunz]

I'm all for keeping info out of the hands of the Feds. In this case, however, the best advice I've seen in this thread is find an attorney that knows the case law on these matters. A one hour consult should give you all the info you need to know. It will be worth it.

Keeping the info to yourself may be expeditious, however being adjudicated as to having lied on that form is not a state matter. It's a FELONY. You're in the grey area now; being a FELON is totally black and white.

[jlwilliams]

I'm all for keeping info out of the hands of the Feds. In this case, however, the best advice I've seen in this thread is find an attorney that knows the case law on these matters. A one hour consult should give you all the info you need to know. It will be worth it.

Keeping the info to yourself may be expeditious, however being adjudicated as to having lied on that form is not a state matter. It's a FELONY. You're in the grey area now; being a FELON is totally black and white.

I agree. As much as it may be better to keep it to your self, you still can't lie. That's a fundamental point of law that crosses most jurisdictions and was taught to most of us by our mothers; lying is a no-no. A spankable offense.

You need competant local legal councel.

[silverbulletexpress]

I am in the insurance field. I am totally SHOCKED at the number of people that are on "mood altering" medications like Zoloft, etc.

Staggering, really.

No offense to you bud, I know some friends of mine take some things to 'help" them. I guess they need it, I am not qualified on the subject.

I will tell you this though. I was involved with a case where this doctor (psycologist) wanted to get disability insurance. She had SELF MEDICATED all sorts of drugs for depression, mood swings, etc.

She was obviously irritated when the underwriter started asking questions. The insurance company declined her application of course. She was totally bewildered as to the reason why.

After some time and phone calls passed it became clear to me that she was a total whack-o. No wonder the company declined to write her disability insurance.

It wasn't long after that... she found that she was so depressed she "could no longer work any more" and wanted her existing disability insurance to "compensate her for being depressed and unable to work, making her disabled".

What an eye-opener that case was.

Just make sure you don't end up like her.

[/img]

I read this post a few times but finally I have to answer. The first part of your post you mention prescribed "mood altering" drugs as if that's a bad thing giving your true feelings away in a not too subtle way. Then you go on to bunch these people with drug addicts that self medicate and "make sure you don't end up like that"

Ick do you have any idea how many people suffer with mental illness which is really no different than any other illness, most of the time a chemical imbalance in the brain, who do not seek treatment because of attitudes like you have? You are either a completely ignorant idiot or maybe you are a Tom Cruise Scientologist who thinks he can fix everything with the right kind of touch (and a shitload of money)?
JFYI there are millions of Americans who were previously living in hell who are now living a normal life because of these legal prescribed drugs. Why don't you try stepping out of the Dark Ages?

[ick]

What percentage of the population at any one time are on non-depression medication? To tell you the truth I am not sure..... but I will tell you what... when cases that come by my desk are underwritten they review all prescription medications... heart meds, pain pills for broken arms, Viagra, and a thousand other medications. I see this information.

I can't speak to the larger issue and accuracy of numbers over the whole population but I will tell you what, CLEARLY based on the files that came over MY desk in the middle-age and younger generation there are more persons on mood altering drugs than EVERYTHING ELSE COMBINED.

Hey, perhaps for some reason I am getting skewed results and the next hundred files to cross my desk will be squeaky clean.

CLEARLY sometimes they are necessary. SURELY they do good. I have observed the benefits of such prescriptions in others. However, it seems to me they are over-medicated. I stated the most striking example that came by my desk.

Ask your doctor friends in OTHER medical fields.... they see every patients file. Ask them if their "assessment" is that we are an over-medicated society. Don't take my word for it. Five bucks says 8 out of 10 non-pshyche docters will agree.

If they do you good, EXCELLENT. That is between you and your medical professional. That doesn't mean things are not out of bounds in the larger picture.

[Sigarmed1]

I would answer the question honestly if for no other reason that they have access to the new prescription database and will probably check anyway. I would certainly hate to be in the position of having to explain why I didn't disclose something that was asked if they did indeed find it. If you say yes to the question, all they do is have your doctor sign a form saying that in his professional opinion you are ok to use/carry a firearm etc. As long as your MD is not a rabid anti-gunner, you will be fine. That's what I have heard others say that were in your same situation.

[Sigarmed1]

Oh wow. Sorry, I just noticed the date of this thread.

[TopCop615]

UNREAL!!!!!!!!!!!!!! I am a Chief of Police of a ghetto and also CCW instructior. I would hire a ver y young pro-gun attorney that wants to establish himself to help you out. I know attornies cost money..........do a little bit at a time..........a letter here and there............don't give up.

I feel you were unfairly treated.


Chief 1*

[doubloon]

[MD3C]

Good luck and keep it to yourself. If denied for it Obamacare could prohibit you even for driving etc.
M

[suba]

hey guys...

Don't ask me how I found this site. I just did. After reading quite a few threads I've determined you guys are a special breed. I guess so am I. This thread caught my attention, so here it goes. I'm not clinically medicated and carry a 454 Casull . I do drink beer and wine, so watch out America. I'm an ex-combat marine who thought I lived thru Vietnam but I was mistake. No one survived Vietnam. War has no survivors.

One simply needs to tell the truth. The right to carry or own firearms is worthy, but if you can't it's not a deal breaker in life. Look at the bigger picture. Don't get played by anyone or any interests that want your money. Find peace within yourself and respect the life you've been given. We are all simply dust blowing in the wind.....just dust blowin in the wind.