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Conceal Carry Permit Questions

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REOIV

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May 3, 2007
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I am interested at some point getting a conceal carry permit but I have some questions about it.

Looking at the list here:
http://www.asp.arkansas.gov/divisions/rs/pdf/cl_app_all.pdf

On page 3 specifically questions 2 & 5

Have you ever attempted or threatened suicide?
Have you ever been voluntarily or involuntarily committed to a mental health facility or mental health institution?

Some background. I'm an ogre in real life. 6'8" & 415lbs

My parents divorced when I was 10 back in 1989 barely 6 months after we had moved across the country, and shortly thereafter through a series of events we moved to a crappier part of town and basically in the period of 2 years I had lost all my friends three times over, changed schools three times and lost being able to see my dad on a daily basis.

Needless to say at age 12 in a new state, new house (again), in a new school (again), and no friends and having to make new ones (again) I was depressed. To make matters worse I was 6'2" 240lb at 12 years old. So high school freshmen always gave me crap because if they beat up the big kid they could feel better about themselves or something. I ended up breaking my wrist beating the snot out of some 15 year old kid. But it left me unnerved because now I had to worry about people messing with me because I was the guy that beat up the Freshmen kids.

I was depressed and said I felt like life sucks and felt like killing myself since who knows I might have to start my life over again at a new school with new friends, new bullies and a new house.

My mother, who has had her own mental problems her whole life (depression, OCD, and MPD) hears that her son is thinking about offing himself and instead of talking it through, discussing it with my father who lived 5 miles from us, or taking me to a counselor takes me directly to Laureate in Tulsa to see what they have to say.

They said because I had thought about it and had a way to do it if I wanted too (they asked how I would do It and I was like hell there are a ton of ways to end yourself, kitchen knife, run into traffic, immolation, carbon monoxide, hanging etc), they wanted me to stay the night for observation, which ended up being about a two week stay where it was ultimately determined that my Mother had over reacted, and that I could live with my father and have a stable life again.

So my question is this.

How should I answer those questions?
Was I committed to Laureate, it was essentially a walk-in, or does being committed require a Judge?
I've always answered no on the 4473 because I assumed it meant by court order. I've never had a hiccup buying a weapon with an NICS check.
Is thinking about suicide the same as threatening?
Does the word 'Ever' mean as an adult or in your entire life?

All of it happened before I turned 18.

The thing that sucks is answering yes to either of those 2 questions completely bars me from getting a conceal carry permit even though it happened 16 years ago.
 
You need legal advice not talk from internet cowboys. Ask several Arkansas Instructors for the name of a lawyer who is COMPETENT to answer a "permit question." Then talk with the lawyer.

DO NOT give any non-lawyer the details of your situation. You should edit your post to remove the specifics.
 
I cannot give you absolute answers for Arkansas BUT federal law deals with "adjudicated mentally incompetent" and most state laws focus on involuntary commitment (against your will and mandated by legal authority such as a 72 -96 hour hold).

What you describe does not seem to meet either of those two criteria but an absolute answer would best come from an attorney who knows Arkansas firearms law. Also, unless you fit one of the two categories I mentioned, your medical records should be considered privileged and therefore, not accessible.

Thinking is not threatening and it would appear that your medical records after the stay probably reflect you were not suicidal based on the mother overreacting comment". Again, check with an attorney as "falsifying an application" whether intentional or not would be a far more serious issue.
 
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for what it's worth

I can't remember where I read this, but since I needed this information too (and for similar reasons), I'm pretty sure it's accurate. I'm in Texas, though, so the law may be different. In any case, check it out for yourself.

The most important question is your mental health NOW. As I understand it, if you've been involuntarily committed within the last five years, or voluntarily committed within the last two, you need a note from a mental health professional saying that you're not a threat to yourself or anyone else and that you're mentally stable. Since your commitment was more than five years ago, it looks to me like you can ignore it.

I'm not a lawyer, and I haven't consulted one in my own case; but I'm answering "No," and if my license is turned down, I'll find out why and take it from there. I don't anticipate a problem, since my own troubles with depression also fall outside those guidelines.

I can't imagine that your troubles as a kid would be relevant if you've been OK since adulthood.
 
Previous posters are correct:

A) Sounds like you need to consult a lawyer, to determine if your stay at Laureate was a "commitment", voluntary or otherwise.
B) The status of your mental health -now- is more important.

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Generally, a minor being checked into an MH ward by a parent is considered "voluntary", even if it's against the minor's will, which he doesn't legally have at that time. Generally, "Involuntary commitment" is a legal process meeting the standards of adjudication.

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Thinking, at least transiently, about suicide is part of the human condition.

Talking about it, and having a vague plan on the matter arguably bumps it up to suicidal ideation.

The next steps branch based on the persons intention. Those seeking help or relief from some condition go down one path to suicidal threat, and then gesture, which is an actual attempt which is designed to fail. Often, the designed in failure fails, the attempt succedes, and the result is a dead person. Those seeking actual death go down another path, and they generally eventually wind up dead, sooner or later.

So...to summarize...it sounds to me from your description that you could arguably have gotten to suicidal ideation, which is a step lower on the rung from a suicide attempt or threat. Whether it was an actual suicidal threat or not is somewhat subjective, depending on the facts of the case. The extended stay at Laureate might argue one way, but on the other hand, they're motivated to keep you by at least three reasons: 1) Liability...if you showed even the slightest suicidal ideation, they'd not want to take a chance on cutting you loose in a hurry. 2) Profit, and 3) It was a bona fide chance to help you deal with what was going on in your life at the time, and improve it.


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As a general matter, why are they worried about suicide on a -carry- in public permit? Public suicide is very, very unusual. That doesn't fit the normal pattern.
 
A) Sounds like you need to consult a lawyer, to determine if your stay at Laureate was a "commitment", voluntary or otherwise.
B) The status of your mental health -now- is more important.
Yeah, I am going to ask a lawyer to make sure. Getting a permit is something I plan to do in the future, in the next year or so, there is no time limit or rush.

Mental health now has been awesome. I'm a big happily married guy with a great job, college education, a great wife and about to have my first child.


Generally, a minor being checked into an MH ward by a parent is considered "voluntary", even if it's against the minor's will, which he doesn't legally have at that time. Generally, "Involuntary commitment" is a legal process meeting the standards of adjudication.

That is what I was thinking unless it was like a court order. There were people there who had to be there because they were addicted to drugs or had harmed family members etc.

I knew right away that my problems were not serious enough for me to be there one night let alone weeks.
So...to summarize...it sounds to me from your description that you could arguably have gotten to suicidal ideation, which is a step lower on the rung from a suicide attempt or threat. Whether it was an actual suicidal threat or not is somewhat subjective, depending on the facts of the case. The extended stay at Laureate might argue one way, but on the other hand, they're motivated to keep you by at least three reasons: 1) Liability...if you showed even the slightest suicidal ideation, they'd not want to take a chance on cutting you loose in a hurry. 2) Profit, and 3) It was a bona fide chance to help you deal with what was going on in your life at the time, and improve it.

They had me on 'suicide watch' for 2 nights (which was their minimum watch time), and determined that I wasn't a threat. I ended up pointing out that the cast on my wrist, at the time, is made of fiber glass and had I wanted to I could have used shards from it to cut myself or undo the screws to the light fixtures and bust the light bulbs out and use those. Or use the shards to slice the sheet into a rope etc. Or the fact that I was bigger and stronger than the people on the night shift and had a fiberglass club on my arm and bar soap which I could have stuck in sock to muscle my way out.

They weren't happy that I knew I could do that, but also knew that I really didn't want to hurt myself or others especially since I told them and showed them how easy it would have been. They figured out the obvious,I was depressed and angry and wanted to go back to my old school and live with my father.

I think the 2 weeks was a combination of risk of liability and wanting to make money from it because even during the interview to determine if I should be there I told them what was wrong and what would make me happy. And they were like we can't do that....and in the end they convinced my parents to do just that and voila problem solved.

As a interesting point of reference on how long ago this was, the two weeks I was there was during the LA Riots after the Rodney King trial.

As a general matter, why are they worried about suicide on a -carry- in public permit? Public suicide is very, very unusual. That doesn't fit the normal pattern.

I don't know why that would be relevant to whether or not a person can conceal carry. But that is the main reason I started to think about it. I'd never considered the Laureate stay as something that could affect gun rights until I saw the application.
 
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