AR CCW..Mental Health Issue

[The Lone Haranguer]

2. Have you ever been voluntarily committed to a mental institution or mental health treatment facility?

(emphasis mine)

That question is loaded and oxymoronic at the same time.

 

[Blackbeard]

Does a "yes" to #2 mean automatic denial? Just curious.

The way I read it, there's no such thing as a voluntary commitment, so the answer would be "no".

 

[asknight]

Does a "yes" to #2 mean automatic denial? Just curious.

The way I read it, there's no such thing as a voluntary commitment, so the answer would be "no".

Yes to 2 or 3 is automatic denial. There is a difference of admitted and committed in Arkansas. Only a judge can commit someone to mental services, and that person has to have had legal charges against him. If you deliver yourself on your own free will, you are admitted, and still retain your civil rights since you do not have legal charges against you.

Anytime a judge commits you some place in this state, whether a mental hospital, county jail, or prison, you lose civil rights... naturally.

The proper answer to all 5 of those questions should be NO, unless a judge has ordered you to report to a mental institution and retained custody of you.

 

[Loosedhorse]

So, how do you know if a judge only "voluntarily committed" you, or if he "involuntarily committed" you? Does it depend on his/her mood?

Again, and it may just be me, but if "a judge has ordered you to report to a mental institution and retained custody of you," that sounds involuntary--so I still don't know what "voluntarily committed" means. But, to me, it sounds like something YOU could sign yourself up for--like by your own volition. Without a judge, even.

Maybe a lawyer knows? Or maybe it says on those little hospital forms they ask you to sign?

I suppose you could just guess: heck, you've got a 50/50 of being right--those odds are pretty good.

Depending what stakes you're playing with.

 

[ilbob]

The section of legalese which ilbob provided appears to have been included to make it clear that the director SHALL issue a permit, as in it cannot be denied to anyone who meets these requirements. I would bet that he MAY (and probably will) issue a permit if he determines that you do not have a condition which actually makes you look like a potential risk.

If that was the case he "may" issue permits to felons too. I am guessing that the way it is interpreted is that you don't get a permit if you fail any of the requirements.

I would bet there is case law about this that an AR attorney would be able to grab ahold of pretty quickly and give the OP a fast and fairly cheap answer. he might even be able to ask the question of legal aid or a similar place and get an answer for free.

 

[Zwetschgen]

Funny story here. When applying for the US Army Reserves there are medical sheets, questions, lists, several blood tests, observations, and questionaires, and I was told by both my recruiter and his superiors that the medical problems I had had in the past were in the past and no need to mention them, many many times. So, if you try to join the Army they will turn a blind eye, but if you want a firearm you could be out of luck...
Just so you know, I was denied because unbeknownst to me I have a thyroid disorder, yeah that was a terrible day...

 

[ilbob]

Just so you know, I was denied because unbeknownst to me I have a thyroid disorder, yeah that was a terrible day...

I failed due to poor eyesight. One eye was uncorrectable to 20/20 due to an astigmatism.

 

[M1911]

I failed due to poor eyesight. One eye was uncorrectable to 20/20 due to an astigmatism.

Many years back, I took the Navy's physical (I was applying to the Seabees). The corpsman set up the eye testing machine to 20/20 and asked me to read the line. I replied, "What line?" He adjusted the machine again and asked me to read the line. Once again I replied "What line?" It wasn't long before he got to the limit of the machine 20/400. I still couldn't even see the line, let alone read it.

I never did join the Navy. I do correct to 20/20, but that was a rather amusing moment.

 

[RobNDenver]

Acro,

Please consult a lawyer in Arkansas. DO NOT call or email the Arkansas State Police, you will not be able to rely on anything that they tell you verbally, and you may prejudice your case for issuance of a CCW.


I am with the doc who advised you that you admitted yourself for treatment, and were not committed, so long as you were free to leave at any time; but I am just some soul on the internet and can't be relied on for questions of law. On the other hand, there is no national registry of mental health admissions . . . and how would the ASP find out that you were hospitalized otherwise.


Most attorneys will nail this kind of question down in less than an hour. Spend the hundred bucks for peace of mind if you feel that you can't answer this question without an explanation.

Good luck. . .

 

[AcroPilot]

Thanks to everyone for your thoughts, advice, and suggestions on this matter. It's greatly appreciated.

I agree that I should not contact the ASP about this matter:

1) Any response I might recieve from them could not be
construed as accurate, and I'm certain I would not be dealing with
anyone who has decision making capacity.

2) I'd rather stay below the radar of the ASP, and not risk
prejudicing my application.

As someone has said, there is most likely case law on this issue. I have searched but have not yet found any.

There are several approved CCW instructors in the area who may be able to recommend a lawyer who is familiar with gun law. I may approach them with general questions and perhaps get a referral to an informed lawyer.

I'm glad to have found this forum. The High Road, indeed. Looking forward to becoming a participating member.

 

[GoHogs]

I would like to know how this situation ended. Is there any new information or anyone have a similar experience in Arkansas?

 

[Frank Ettin]

Long moribund thread, and the OP hasn't logged in since 2011.

Closed.