If someone has a diagnosis of anxiety or bipolar, with no legal problems or incidents, can they get approved for a Firearm ID? Or is it not worth it to try?
Psychiatry and the FID
gm0909
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Well, your medical record should be private. How would this show up in a public records/criminal record search?
I can assure you physicians do NOT file a report with the state for every person they see and treat with either of the above diagnosis. Child abuse for instance has mandatory reporting, your scenario does not.
Once someone has a legal "issue" thats a different story, then there is a public record. A medical record is not a public record. I am in the healthcare industry so I'm not just shooting from the hip here.
I can assure you physicians do NOT file a report with the state for every person they see and treat with either of the above diagnosis. Child abuse for instance has mandatory reporting, your scenario does not.
Once someone has a legal "issue" thats a different story, then there is a public record. A medical record is not a public record. I am in the healthcare industry so I'm not just shooting from the hip here.
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I sent you a PM
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coot09 is correct abouth this. However, this consent and record check should only reveal any information if a person has been "commited" in an institutional setting. The applicable statue here is:
"N.J.S.A. 30:4-24.3 provides that all records
of any individual's commitment to a noncorrectional
institution for mental health
reasons shall be confidential and shall not
be disclosed except in limited circumstances
or with the consent of the individual."
My comments to gm 0909 were based on someone seeing a doctor in the doc's office. That is how I interpreted gm 0909's question.
Hence the mental health records check "consent" form you are required to complete. Furthermore, the application itself asks if you were treated for any mental conditions (not just committed--there are two questions) If you admit to being treated, you have to list the provider. It's a sure bet that the records will be pulled and reviewed. Ultimately, its up to the chief of police as whether he thinks your situation warrants a refusal of the FPID-
If you do get denied, you can always challenge that denial in Court-in that case you will need a letter from that mental health provider stating that you are not a danger to others and that he/she sees no problems with you owning firearms.
Since Va. Tech, this Mental health issue has gotten blown way out of proportion. As a consequence, I'm sure loads of people who could use some minor counseling-don't go because they worry about their ability to own/possess firearms in NJ
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[up]
Hi guys,
I think the question is---
Does the mental health record check report anything you have voluntarily seen a private doctor for?
If so, again, aren't those records private?
I can see if you had a run-in with the law, and had to go to a public facility. But, if a guy goes to a private counselor to work out some marriage problems,
or, something like that, how does that info get collected?
I think the question is---
Does the mental health record check report anything you have voluntarily seen a private doctor for?
If so, again, aren't those records private?
I can see if you had a run-in with the law, and had to go to a public facility. But, if a guy goes to a private counselor to work out some marriage problems,
or, something like that, how does that info get collected?
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16,048 Posts
Here's the question
(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? If Yes, give the name &
location of the doctor, psychiatrist, hospital or institution and the date(s) of such occurrence.
(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? If Yes, give the name &
location of the doctor, psychiatrist, hospital or institution and the date(s) of such occurrence.
Putting that you have seen a doctor for mental reasons doesn't automatically cause your FID to get denied. From what I heard from an officer who used to process ID cards, they would contact your doctor to ask if you were being treated for anything that would make you a threat by owning a gun.
Yes, question 25. I'm just curious as to how they collect data that is legally private?
Dirtyrussian made the case.
I can see how they have access to data from public places...hospitals, jails, juvi halls...etc...
That data is public. We're talking about private data here.
Dirtyrussian made the case.
I can see how they have access to data from public places...hospitals, jails, juvi halls...etc...
That data is public. We're talking about private data here.
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The question on the application is pretty clear.
Keep in mind, however, if you answer untruthfully, not only can you be denied for your FID card - but you can also face criminal charges for falsifying the application.
I understand the question, and, I am not advocating answering the question "untruthfully". [confused]
I am wondering where a search like that begins. I think my question is pretty clear.
Here is what I see...
Health records are private.
We give them consent to search.
Even with consent, how would anything private turn up?
I am wondering where a search like that begins. I think my question is pretty clear.
Here is what I see...
Health records are private.
We give them consent to search.
Even with consent, how would anything private turn up?
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43 Posts
Hi,
There is a public officer titled "county registrar", among whose responsibilities are performing a check of court records (official adjudications) and records of STATE hospitals for FID applicants for things like
a) involuntary commitment or PEC issuances
b) not guilty by reason of insanity adjudications
c) applicant has been adjudicated mentally incompetant to handle own affairs or to stand trial
(Note: it is possible, and increasingly likely, for the above to appear in a potential applicant's NICS record under the "denied persons" or "mental defective" record categories).
The above are often confused with "private" medical records databases that are NOT available to public officials (today...). The primary examples of this in the US are
a) the Medical Information Bureau (MIB)
b) InteliScript
c) MedPoint
These are centralized databases that store information when a health insurance claim is submitted to any health care provider. They are NOT governed the same way as public records - they are required to comply with the Fair Credit Reporting Act (FCRA) only to retain information for 7 years. Any "derogatory" information can be expunged by request after 7 years, but this is all moot - these providers explicitly state that they will NOT supply information to any agency without a consent form signed by you that explicitly states MIB/etc. as the source of the information, and SP-66 does not list these "private" sources.
The former grouping of records can be attained by a call to the county courthouses for every JD you have lived in over the past decade. The latter is, as far as I know, not under the purview of the government (today...).
Will your past surface upon a grilling of your references or your previous employer (HR, etc.)? You should carefully ponder this prior to submitting your application.
Anyway, I hope this helps. I wish you luck, truly.
There is a public officer titled "county registrar", among whose responsibilities are performing a check of court records (official adjudications) and records of STATE hospitals for FID applicants for things like
a) involuntary commitment or PEC issuances
b) not guilty by reason of insanity adjudications
c) applicant has been adjudicated mentally incompetant to handle own affairs or to stand trial
(Note: it is possible, and increasingly likely, for the above to appear in a potential applicant's NICS record under the "denied persons" or "mental defective" record categories).
The above are often confused with "private" medical records databases that are NOT available to public officials (today...). The primary examples of this in the US are
a) the Medical Information Bureau (MIB)
b) InteliScript
c) MedPoint
These are centralized databases that store information when a health insurance claim is submitted to any health care provider. They are NOT governed the same way as public records - they are required to comply with the Fair Credit Reporting Act (FCRA) only to retain information for 7 years. Any "derogatory" information can be expunged by request after 7 years, but this is all moot - these providers explicitly state that they will NOT supply information to any agency without a consent form signed by you that explicitly states MIB/etc. as the source of the information, and SP-66 does not list these "private" sources.
The former grouping of records can be attained by a call to the county courthouses for every JD you have lived in over the past decade. The latter is, as far as I know, not under the purview of the government (today...).
Will your past surface upon a grilling of your references or your previous employer (HR, etc.)? You should carefully ponder this prior to submitting your application.
Anyway, I hope this helps. I wish you luck, truly.
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43 Posts
an important addition to the first grouping in my post above:
d) Both VOLUNTARY and INVOLUNTARY (see above) attendance at ANY STATE facility (state medical records)
Also, a disclaimer: I am not an attorney.
d) Both VOLUNTARY and INVOLUNTARY (see above) attendance at ANY STATE facility (state medical records)
Also, a disclaimer: I am not an attorney.
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6,574 Posts
Interesting first post. [spy] So, how about introducing yourself and tell us about yourself. Where do you hunt and fish and what are your favorite seasons ?
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