Will this disqualify me from a CCW Permit?

Overman

New member
I know, I know, legal advise is worth what you pay for it, but still, if someone knows of a similar situation, I'd be interested to hear about it.

I live in Colorado, and am considering applying for a CCW permit. According to the statute, there would be no reason for me not to qualify, except for maybe this one:

The Sherrif can deny a CCW permit if he has "a reasonable belief that documented previous behavior by the applicant makes it likely the applicant will present a danger to self or others if the applicant receives a permit to carry a concealed handgun."

Here's my concern. A couple of years ago I was having suicidal thoughts. I was thinking about hanging myself. I called my doctor, he told me to come in to see him. I go in, talk to him, he recommends I check in to a hospital, and I agree. There must be a law or something saying a medical provider must call the sherrif if someone talks about suicide, because he called the Sherrif, two deputies come, frisk me, ask me some questions, and then let the ambulance guys take me to the hospital, all voluntarily. The hospital did put me on a 72 hour hold, but I was not commited or adjudicated in any way which would disqualify me from owning firearms (that's a fine line, but according to the law a 72 hour hold is not being 'commited' because it is done by one doctor, not a committe with due process, or by a legal proceeding).

The law says I can be denied if I would present a danger to myself or others IF I RECIEVE A CARRY PERMIT. I have since bought a number of guns, legally, use them at the range, took an NRA course, etc, all since my visit to the hospital. The carry permit is NOT going to cause me to get a gun and shoot myself, I ALREADY have guns. I have NO history of violence or irrationality.

It would kind of suck if I were to lose my right to carry because of an episode of depression, and for seeking treatment, years ago.
 
I would say...it doesnt hurt to apply. If they deny you then ask them what steps you need to take to be able to be approved. I would say that current suicidal thoughts would definitely disqualify you from getting a permit, but I don't know if it applies to past problems.
 
Go ahead and apply. If they deny it, have your doctor send them a letter stating your current mental state and he doesn't consider you to be a hazard. If they still will not give you a CCW, contact a lawyer and take them to court.

If they denied everyone that had ever been clinically depressed at any point in their lives, 70% of the US could not have guns.
 
Was there documentation? You may well have been arrested w/o realizing it under mental health statutes. Were you in for a suicide watch? What follow up treatment was performed? I went to see a counselor after my heart attack and heart cath. A single visit was all that was needed. The point? MANY of us have been in the hands of a mental health professional. You aren't the only one. Apply and see what develops.
 
Just shootin' from the hip, I would say that if you haven't pondered suicide at one time in your life, you're livin' too straight and narrow. I would also bet that any jury would see the same. I don't think you'll have a problem in your application process. You may have some 'splainin' to do, but apply. You can sort out the legal process later if it comes to that.
 
It should not disqualify you, but it will be up to the issuing body, and thier perceptions of your case. I would think any reasonable person would not hold this against you now.
 
As was mentioned, apply anyway. If turned down, get a lawyer.

Heck man, I've thought of suicide before, and I have S.A.D. (hence the "sunlight" bulbs that I have in my kitchen and living room, they really do help :) ).

I've seen mental health professions while in the military (panic attacks) and still maintained my TS clearance.

We are all human. We all have gone through periods of hard times, had stupid thoughts and have turned to others for help in our time of need.

Oh, and vote/fight to become a Shall Issue State :).

Wayne
 
One issue- the application form may ask about mental health history- I suggest you answer it honestly with a letter from your Doctor that advises that the issues that gave rise to the suicidal ideation have passed and been resolved and you are nolonger a threat.

If you tell a lie and they have a record it may be grounds for them prosecuting you for making a false application or refusing on some nebulous 'not fit and proper person' grounds.
 
If they denied everyone that had ever been clinically depressed at any point in their lives, 70% of the US could not have guns.
Depending on who you read, for women it is 20-35% and for men 10-15%. but that still comes to about 50 million Americans. That is a whole lot of people.

The world would have been a lot different if they had banned depressive people from carrying guns all through American history. Imagine how different things would have been if George Washington, US Grant and Tecumseh Sherman had been disallowed. :D
 
It would kind of suck if I were to lose my right to carry because of an episode of depression, and for seeking treatment, years ago.

For what it's worth, I picked up my CHL today. I have to say I have never felt more like an American.
 
It will depend on if you voluntarily checked in or were in-voluntarily "commited" by adjudication.

If it was voluntary, your medical records are private and protected by HIPPA regs. If it was involuntary, it would have been a 24, 36, 72, or 96 hour "hold for obs." Anything longer requires adjudication.

I believe that 4473 asks if you have been involuntarily commited. Getting your CCW should (but not always) follow the same guidelines.

This info applies to MO where I worked as a Mental Health Tech. (Bouncer on a psych unit. :D )

Best/stay safe

PS; I just read your follow up. Congrats!!!
 
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In Oregon, if you were sent to the mental health as an in patient by a judge then you are barred from the permit, if you did it yourself, then it's not going to hinder you (if you were in Oregon).

I have heard that a few states (and even here via one jenny burdick) wants to add "any history of mental illness" to bar people from gun ownership. It's too broadly defined so it would cover anyone and everyone in the state (except for them, their body guards, and the elites you know).

Wayne
 
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