Posted: 3/15/2005 11:26:31 AM EDT
|
Okay, here's the low down: I'm 19 and still in college but I want to rush my plans for buying my first rifle (planning a home-built AR15) before the scary state assembly in this here great (sarcasm) state tries to deny me my RKBA. I'm home for spring break and I'm filling out my FOID and planning to get my fingerprints taken and filed. On the FOID, it asks (in exact words): "(25) Have you ever been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an in-patient or outpatient basis for any mental or psychiatric conditions?" I saw a psych on the recommendation of a therapist I saw last year. It was over a been stink with an ex-girlfriend who I look back on and laugh at now, but I am really concerned that my Johnny Heartbreak story might deny me approval. I visited the psych and we talked. I wasn't diagnosed for anything but oddly, he did offer me meds as an elective treatment for social-anxiety hem: As reference, you can find the FOID app in electronic (.pdf) form by clicking the following link: www.njsp.org/info/pdf/firearms/sts-033.pdf. Thanks for your attention. Sincerely, a budding shooter in NJ. |
|
That's a tough one. What you will probably need is a letter from the Doc saying you are O.K. Personally, I would seek a lawyer on this one. Once you say yes I beleive you will need an "approval" letter from the Doc to own firearms. If he is an anti a lawyer all set to pounce might be a good thing to have. Were you "cleared" from the Doc saying that you are fine now? Again, in THIS STATE be prepared for the worst and have a lawyer on "stand by". Check out the NRA and see who they can recomend for you. |
|
First, I do not advocate that you lie or misrepresent yourself in any way. Not only will you be barred from every obtaining an ID card in NJ for the rest of your life, you will probably be prosecuted. What I am about to say is a recommendation to seek professional advice. The type of counseling you sought probably does not disqualify you from obtaining an ID card and may not even require disclosure. However, you did see a psychiatrist which undoubtedly left a paper trail that will show up on a mental health records check. Not disclosing it up front will be far worse than being honest. Unfortunately, you are probably in for a total pain in the ass experience in obtaining an ID card. Every single PD I have ever spoken with (about 12) has said the same thing - if you admit to any type of mental health issue, even something like seeing your priest for marriage counseling or something stupid like that, you will be immediately denied and referred to the County court for appeal. You will no doubt need a lawyer and medical statements and MAYBE you will convince the County level court to approve you. You may be referred to State, though. The issue is that the PDs see liability in giving you an ID card when you have a mental records history, something they DO NOT want to do. My advice is to consult an attorney before submitting the application. Tell him the complete and total truth about everything and do what he says. Good luck, I hope it works out for you! |
|
Damn, I'm up shit creek without a paddle, than eh? I'm heading back to school in NY this coming Monday, so I doubt I can mobilize the troops for something like this. I never knew talking to a shrink (a consult) would be such a hassle. I guess I get to stick with my airsoft rifles for now. ht. The battle may be lost but the war is still to be decided! EDIT: Alright, gave my problem some more thought and I'm trying out some different ways of approaching it. A few questions from those who know: when the police run a medical background check, from what database are they pulling that info from? Is it coming from my insurance provider or is there a government entity that holds the info? I sure as hell would like to know so I could view my own record if possible. Tomorrow I'm going to give the psychiatrist a call and play the Q&A game. I'll see if he can send/release me a copy of my file to view exactly what was "observed." I sure hope he supports the 2nd A. If he's an anti, this might be painful I just don't understand why a psych consult is so bad. I wasn't diagnosed for any condition yet NJ wants to stamp me schitzo or sociopath. It boggles my mind! |
|
"(25) Have you ever been attended, treated or observed by any doctor or psychiatrist or at any hospital or mental institution on an in-patient or outpatient basis for any mental or psychiatric conditions?" I would say that "attended, treated or observed" are medical/legal terms that we would know as "commited". If every man was denied an FID because he tried to get help because he was "bummed out" over a girl then NOBODY would ever get one! Talk to your doctor and he should be able to answer the definition of "attended, treated or observed". Good luck. |
|
I doubt whether the mere act of seeing a psychiatrist requires disclosure but you should ask an attorney in NJ who is throughly familiar with NJ firearms law. In any case talking to a psychiatrist on an out patient basis would not leave any searchable paper trail. Medical records are under strict privacy laws and a doctor would not disclose your medical history without your permission, by a court subpoena or as required by state or federal law. In any case you do not want to create a history where none currently exists that will follow you around for life. If an attorney advises you that you are required to divulge this info to NJ I would forget the FID card. |
| Im with the squid on this one. I think they are asking if you have ever been commited, and not have you ever seen a shrink. Tons of people , who are lawful gun owners, go to psychiatrists. I dont think you have to worry about this one. The important words here are "mental or psychiatric conditions", and counseling does not fit in to that catagory. They are looking for schizophrenics and psychotics, which would go on your health records. Seeing a shrink would not be. |
| After you consult a competent firearms attorney, I believe you'll find that you'll quest for FID will be just fine. They are looking for those who have been committed or "diagnosed" with some condition. According to your statements, that wasn't the case. Again, consult with a competent attorney. |