Speak to a 2A attorney and ask them how to deal with this issue.

The diagnosis to which you refer should probably not be an issue. The only issue is how to handle it truthfully and appropriately on the New York application. For example, you may have to answer, "Yes with an explanation" and then submit a letter from the psychologist. In actuality, I have no idea. That's what an attorney would be for.

Be prepared for the possible eventual need to appeal a denial with the aforementioned documentation.

By the way...all Constitutionalists, Conservatives, and Liberatarians live in a constant state of anxiety in New York.

 

They love to put a Dx on normal life events, so as to label you "mentally ill" when you do want to exercise your 2A rights. I'm sure just about every cop has anxiety, but they medicate themselves with a bottle of Glenlivet.

 

WAIT RIGHT THERE!
Cops can Afford Glenlivet!?!?

 

I am not a doctor, lawyer or legislator, but I think there is a distinction in the law between "diagnosis" and "treatment" when it comes to a mental condition being a factor in applying/receiving a pistol permit ???? Diagnosis is a professional guesstimate, treatment is someting beyond that. Seems the law places more emphasis on treatment when considering impacting ability to operate a firearm. Correct me if I am mistaken.

 

Sheldon Boyce Jr. Second Amendment lawyer
Suite 2000
31 East Main St
Rochester NY 14614

585 454-2000

boyce@brennalaw.com

He is well known in the Rochester area ..

 

Girlfriend does coding for the medical profession and it is listed under a psych description . . Talk to a lawyer and see how this would play out . Keep us informed .

 

From the following quote from the Law Center to Prevent Gun Violence,I would say that anxiety does not meet the
criteria for denial but I am no lawyer or judge.
The Gun Control Act of 1968 prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or “committed to any mental institution.”1 Such persons are prohibited from possessing firearms.2
According to federal regulations, a person has been “adjudicated as a mental defective” if a court, board, commission or other lawful authority has determined that he or she, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: 1) is a danger to himself, herself, or others; or 2) lacks the mental capacity to contract or manage his or her own affairs.3 The term “adjudicated as a mental defective” explicitly includes a finding of not guilty by reason of insanity or incompetence to stand trial.4

 

From what you described , I don't see you having a mental illness. Everyone suffers from general anxiety, flying in a plane to taking a test.

 

I hate flying to the point that I throw up at the baggage check in. I was prescribed xanax for this and put no on the question about mental illness. During my interview they asked me the same questions that were on the application, and I mentioned that I take anti anxiety meds to fly. Nothing was in the database on mental illness, and I was told that it needed to be a situation where i was ordered to seek treatment against my wishes. the Investigator said He has the same issue, and takes it when he has to fly.

 

I believe this depends on the judge or sheriff that processes your permit.
The only law on this ive ever seen is the one mentioned above. If youve never been involuntary admitted to a mental hospital you should be ok. However, this is NY and your right to bear arms is up to a crooked official who is probably far more screwed up than any of us.

 

I'll second this ^^^^^^ The NY permitting system is a travesty allowing a single black robed individual sole discretion over whether or not to allow you to exercise your 2A rights. Make sure that you list everything that you can possibly think of under arrests as well, (even traffic tix) If they think that you're hiding something they'll deny you.

 

I'll add another vote for talking to that lawyer listed above. He's the go-to for permit issues in this area.

As an aside, now you see how easily a right can be jeopardized when society allows the government to start requiring a permission slip for said right. You, as a normal and stable citizen are dangerously close to being denied your right to defend yourself with a handgun - just for attempting to get some professional relationship help. Certainly the state means well by asking about mental illness, but all too often it ensnares good people makes them spend more to exercise their rights.

Welcome to the forum!

 

Thank you everyone. When I'm getting ready to fill out the paperwork, I will give that attorney a call!

It is quite ridiculous the way things play out as far as all of this is concerned.

Thanks again!!

 

It is quite ridiculous the way things play out as far as all of this is concerned.

A completely accurate assessment.

 

Don't waste your money on a lawyer, No ... Do not mark yes, you are not under the law labeled mentally deficient ...Axiety is the new billable catch phrase for stress. And it takes more then one shrink to take away your rights. If you where an danger to yourself or others you'd be hospitalized.

 

Unless a medical professional reports you, or you did an inpatient stint at a psych ward, you are not "mentally ill", noone has access to your medical info, unless you sign off on it, as is necessary in Monroe County. Many people on LI feel the police have access to your Rx records to check medications you took/ take, no way, If they did, would be a major reason for lawsuits. They really only know what you tell them, or what your doctor tells them, and if your doctor does not have a good reason for releasing such info, they better prepare to be sued. Crap, they could not even get the medical records for the Batman douche who shot up the movie theatre.

 

Anxiety is not a mental illness. It can strike anyone under pressure. I would omit this from the application.

 

Hey OP, I just did my Westchester so take what I say with a grain of salt, but here's how my stuff went down.

I have depression and anxiety. Diagnosed, treated, and cleared by my civilian doctor and my National Guard unit to carry a weapon. I spoke to the detective doing my paperwork and asked him if he thought the judge would see the words "depression" and "anxiety" and immediately throw out my packet. He told me no, basically anyone can be approved with a doctor's note, and that he's seen way worse illnesses get approved with a doctor's note. He also said he'd be recommending me to the judge.

HOWEVER, Westchester requires us to waive HIPAA rights so..... Let's just say if I didn't have to do that, they probably wouldn't have heard about any dignoses. But anyways, I don't think it will be a problem. Keep an eye out for me in the next few months, if I get approved I will certainly be posting about it

 

Hello,
I recently (Jan 16) got my pistol permit in Erie county. I had seen psychiatrists well i was in high school and was even on meds all through high school. I checked NO on the pistol permit form. Erie county did have a second form they have you fill out when turning in the application that further asked if you have ever been treated by a mental health Dr, this i filled out accurately and gave the name of my Dr (who i had discussed it with and he also has his pistol permit) he never mentioned if they contacted him but did say he would write a letter for me if need be stating he supports me having the permit.

So FWIW depnding on the county they may give you another form when you turn in your application and you may want to talk it over with the counselr you see just in case they contact him/her.

Hope this is helpful for you and good luck

 

Every time i read this it just blows my mind that any county could "force" you to sign over your HIPA rights. WTF???

 

I know :-\ Unfortunately moving out of Westchester right now is not a viable option

 

I am a physician and also a psychologist. I think it unlikely that a rational review process would find that you should be barred from obtaining a permit. However, that said, the process depends entirely on the granting agency in your county (sheriff or judge). I would rais the issue with your therapist and see if he would consider changing the diagnosis to "temporary adjustment reaction." And further, if he would support your application. The state might have a reasonable interest in your condition if you have ever been involuntarily admitted to the hospital as a danger to your self or others. Short of that, there is likely no indication that you should be barred.

 

I'm looking to apply for a pistol permit.

I'm in my late 20's and started seeing a therapist (Psychologist, NOT Psychiatrist) a few months ago because my boyfriend and I were having relationship issues that we wanted to get help with.

In order to get insurance to cover the sessions, one or both of us needed to be diagnosed with something... something the therapist stated he was sure he could do.

Since my boyfriend needs security clearances for his jobs, we decided not to risk it and to put the sessions under my name, and I was diagnosed with Generalized Anxiety Disorder.

I have had issues dealing with Anxiety, but at the time, my relationship was not doing well, I was working, running a business, taking care of the house, and going to school full time for BioChemistry.
So there was a lot going on that "stressed" me out.

I've never been prescribed medication, never been hospitalized, etc.

I am not sure if this would force me to put "yes" under mental illness on my application or not.

Thoughts?

Also, I saw another psychologist when I was a kid during my parents divorce, that was court ordered. I was 8 years old when that started and it was on-off until I was 16, when he told the courts we were sound of mind to decide on our own not to see our father.

I'm not sure if that would also need to be noted or considered. I was never diagnosed with anything then.

Any help would be greatly appreciated.

Thanks

I realize this was posted over six months ago. Chances are the original poster will never read my response as her last activity on this forum was six months ago.

I took General Psychology, Abnormal
Psychology and sociology in college. I can't see how even going to a psychologist could even help with "relationship" problems. Normally, those married couples with troubles generally go to marriage counseling which seeks out the root of the trouble which is generally one or both of the following: LACK OF COMMUNICATIONS 2) MONEY (or lack of it). Sometimes if there are great incompatibility issues; it is best to end the relationship and move on.

Just so you know; here are the failure rate for 1st, 2nd, and 3rd marriages: 50% (generally within the first 5 years), 66% for 2nd; and finally 74% for third marriages. For those engaged in Long-term committed relationships the percentages of failure is far greater those those listed above. But Good luck in getting your pistol license; don't think you should have any significant problems.

BTW, psychiatrists in New York don't see patients except to dispense medications--the psychologists are NOT medical doctors and can not write prescriptions.

 

As a psychotherapist, you should answer NO. You never had an Involuntary hospitalization. You are not prescribed medication. You have not be deemed incompetent in any court proceedings or otherwise prohibited from possessing a fire-arm, and you are not presenting with any history of specific suicidal/homicidal ideation, plan, gesture, and are not an imminent risk of harm to yourself or others.

 

Well, I'm in the same situation as you were. I work 8 hours per day, in the evening I have courses at the University, in other days I go to the gym and when I find some more time - I'm programming. It is hard and it drains my energy. I found a supplement called Sulbutiamine (more about it on https://www.trickortreatment.com/where-to-buy-sulbutiamine-online/) that I get in every morning. It helps me relax and take another aproach on life. My productivity, since then, is at 100%. The thing is that when you're stressed for a long period of time, depression can take control of your mind. I don't want that, no one wants it.

 

2021. pandemic. depression. anxiety. fear of the end of the world. there won't be anyone left. Isn't that the shit? I'm tired of thinking about it and I have to take kratom in order to calm my anxiety once and for all. Of course, in order to maintain mental health, I need to take kratom. This is probably the best sedative I've ever encountered in my life. It helps with the pain as well. Try cheap kratom capsules if you have a little money, but a lot of health problems. I know that there are still many difficulties ahead. We can handle this, guys.