Jump to content
FPIDplease

Hello, just joined. Hire an attorney before application?

Hire gun permit attorney?  

14 members have voted

  1. 1. Should I because I saw a psychiatrist?

    • Yes
      1
    • No
      10
    • Depends (please post why)
      3


Recommended Posts

To release those records would be a violation of Hipaa. If someone releases or is forced to release those records they have to inform you within 30 days. If you haven't been notified then you aren't on a "list".

 

When you fill out that form , I believe you are signing written consent for them to check your mental health record. Your records can only be released by a therapist or MD with a court order , or with your signature . I would have to look at the wording on what you sign for the app , but pretty sure it covers their right to check your mental health records.

 

I saw one when I was in third grade because I acted out in school, and had depression issues, I never mentioned it though since it was ten years prior, and I was a kid at the time.

 

Hell, I'd been arrested for getting in a fight in 8th grade, and that didn't come up. Although, I think the police dropped the charges when we mentioned that they didn't read our rights, and apparently it's not legal to tell someone that, "We won't put this on your record if you do some community service for the town." without being sentenced.

 

Juvenille records are typically sealed.

 

I agree that it may not be worth taking the risk and answering no.

 

The idea that someone is maintaining a "list"seems to break Dr/Patient confidentiality. I agree that the crazies in the world have no place owning firearms. The nut job in AZ who shot all the people at the Giffords rally is recent proof of that. I don't like the idea that there is a general database out there for mental health. If your sane, but have seen a Dr. cause you were having a rough time in your life is a far cry from hearing voices, being suicidal, etc. The nuts should be the ones on the list!

 

The guy who did the shootings in AZ would never have passed the NICS if the college campus he went to didn't keep things private. He had been "arrested" by campus "police" several times. I beleive they did an in campus mental health eval as well . Ultimately they expelled him because PEOPLE WERE AFRAID OF HIM. If the college did not try to handle things themselves he would have an arrest record , and would not have purchased that gun over the counter. Campus crime handled internally rather than bringing in outsiders..where have I heard that before? :/

Share this post


Link to post
Share on other sites

When you fill out that form , I believe you are signing written consent for them to check your mental health record. Your records can only be released by a therapist or MD with a court order , or with your signature . I would have to look at the wording on what you sign for the app , but pretty sure it covers their right to check your mental health records.

 

Yes, you are giving them permission to check stuff protected by HIPAA, what they actually check is a mystery though. What they care about is even more of a mystery.

 

I can say that I do know someone who had to go to mandatory counseling (not court ordered, but required via government regulation), bothered to get a signed notarized letter saying they were good to go in the opinion of their shrink, and their local police were not interested in the slightest in any bit of it. When asked what to answer, and here's my stuff for the please explain, they were told just check no and they didn't need to see any paperwork. Their local PD had an officer doing it who was kind of a PITA to boot.

Share this post


Link to post
Share on other sites

When you fill out that form , I believe you are signing written consent for them to check your mental health record. Your records can only be released by a therapist or MD with a court order , or with your signature . I would have to look at the wording on what you sign for the app , but pretty sure it covers their right to check your mental health records.

 

 

 

Juvenille records are typically sealed.

 

 

Ok, two things. You skipped over my point for the first one. If and when they release your Hippa protected records you will be notified within 30 days that it happened even if you signed a release. The fact that I have yet to hear one person here say they have gotten a letter saying their Hippa protected records have been released to the PD means it probably isn't happening.

 

Secondly. You are incorrect. Juvenile records are NOT sealed. I don't know where this urban legend comes from, however your juvenile records are not sealed. The only way to erase a record is with an expungement. Maybe a pardon but when do we see those?

 

One of my points is that at this time there is no centralized database with our medical records in it. There is probably one for people who have been forced into hospitalization but not one that says whether or not you saw a shrink. What are they gonna do, call every DR in the state?

Share this post


Link to post
Share on other sites

I would think the easiest way to determine if someone has had mental "issues" is to check with the persons health insurance company. Other than that, how would anyone know if you ever went to a shrink?

 

Not sure about the institutions. Maybe there is a database for them that is available to certain people to see.

Share this post


Link to post
Share on other sites

Secondly. You are incorrect. Juvenile records are NOT sealed. I don't know where this urban legend comes from, however your juvenile records are not sealed. The only way to erase a record is with an expungement. Maybe a pardon but when do we see those?

 

Did not know that ! It does seem to be a common misconception in that case. I have heard so many times that juve records are inaccessible by typical background checks unless it is was an index crime . Sorry for spreading the misinformation.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

  • Recently Browsing   0 members

    No registered users viewing this page.



×
×
  • Create New...