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(NC) Sheriff: Gun permit applicants required to release mental health records
Salisbury Post ^ | Saturday, February 2, 2013 12:48 a.m | Shavonne Potts

Posted on 02/06/2013 6:15:49 AM PST by lwd

The Rowan County Sheriff’s Office says it will start requiring mental health background checks for anyone applying to buy a handgun.

The application already asks whether the person seeking the handgun permit has ever been committed to a mental institution. But until now, the Sheriff’s Office had never verified the answer.

Beginning Monday, handgun permit applicants will have to give permission for the Rowan County Clerk of Superior Court to release mental health records to the Sheriff’s Office.

“It’s been an honor system, and we are just going to do a little more checking,” Sheriff Kevin Auten said.

The inquiry includes a check into psychiatric information, physical health or substance abuse treatment. The release is for the sole purpose of determining whether the applicant is disqualified for a permit, Auten said.

State and federal laws prohibit the agency from approving a permit in some cases, Auten said.

The release acknowledges this information is protected by federal regulations and state statutes, but asks for the consent of the applicant.

Auten said with all the discussions of gun control and safety issues, the agency reviewed its own policy.

“We felt it was good to improve the process and make it a little more thorough,” he said.

If the applicant refuses to sign the release, he or she will be automatically denied a permit.

Auten said the agency wants those qualified to be able to purchase guns legally.

This new process isn’t without its flaws, Auten admits. The release does not address a person who has relocated from another state.

“That’s part of the loophole. This is a stepping stone in that process,” he said.

This extra step is likely to lengthen the permit process by a day or so, said Capt. John Sifford.

Other nearby agencies contacted have similar requirements for applicants.

The Davidson County Sheriff’s Office includes a mental health check with its local clerk of court office as part of its application process. Officials at the Cabarrus County Sheriff’s Office say a criminal background check and a mental health check is also done as part of its process.

Iredell County officials did not immediately return a phone call, but do have an online form. The form asks applicants to answer whether they’ve been committed or have been judged “mentally defective.” The department also has a supplement to its form that addresses citizenship status.

Contact reporter Shavonne Potts at 704-797-4253.


TOPICS: News/Current Events; US: North Carolina
KEYWORDS: banglist; guncontrol; secondamendment
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To: rangerwife

Since PTSD is not physical it’s easy to get money from the VA for it. If you look at the vets getting 100% disabilty it’s usually for something mental. You can get a job with a physical disability but who will take a chance with some one when they have the “mental issue” tag?

Everyone knows that vets have a tendency to snap and go all Rambo. s/


21 posted on 02/06/2013 7:24:54 AM PST by USAF80
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To: lwd
OK, let's think about this. Let's say the sheriff gains access to a person's mental health history. Who is going to evaluate that history in order to make the decision? My guess is the sheriff will side on caution, refusing to approve the applicant if there's anything even remotely questionable in the history.

I don't think a sheriff's office is qualified to judge the mental competency of anyone. Are they going to hire a team of medical professionals? Does the applicant get a chance for a current mental health evaluation, or does anything remotely questionable in a person's past disqualify them permanently?

22 posted on 02/06/2013 7:31:26 AM PST by CitizenUSA (Why celebrate evil? Evil is easy. Good is the goal worth striving for.)
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To: lwd

This is a really good law!/s

I can just see it now. All those folks who are contemplating seeking medical help for depression will certainly seek it now - by going down to the local gun store instead of to their local quack. And if there’s no record of their ever having been treated for any kind of mental illness, well.....

Can these idiots not look one move ahead?


23 posted on 02/06/2013 7:32:45 AM PST by Real Cynic No More
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To: Izzy Dunne

Looks to me like that sheriff is m entally defective and shouldn’t be allowed to own a firearm.

I’ve said it before and I’ll say it again: Elected and appointed government officials and employees have historically been responsible for far more innocent deaths than those caused by ordinary firearms owners during our history, that they are the ones who should be enduring background checks, dug checks, confiscatory policies, routine records audits and oversights.


24 posted on 02/06/2013 7:41:57 AM PST by Real Cynic No More
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To: Izzy Dunne

Looks to me like that sheriff is m entally defective and shouldn’t be allowed to own a firearm.

I’ve said it before and I’ll say it again: Elected and appointed government officials and employees have historically been responsible for far more innocent deaths than those caused by ordinary firearms owners during our history, that they are the ones who should be enduring background checks, dug checks, confiscatory policies, routine records audits and oversights.


25 posted on 02/06/2013 7:45:26 AM PST by Real Cynic No More
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To: FlingWingFlyer

Only republicans/Conservatives. They will do a cross-check to political affiliation.


26 posted on 02/06/2013 7:53:29 AM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: Izzy Dunne

That is also on the OH CC application.


27 posted on 02/06/2013 7:55:22 AM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: lwd

Come on you guys, you’re looking at this all wrong, we should embrace this idea. If seeing a Psychiatrist or Psychologist is ground for DENYING an “Inalienable Right”. Then we should Start by DISARMING every Police Officer in the County. Last time I checked, Police Are REQUIRED to do just that.


28 posted on 02/06/2013 8:06:42 AM PST by eyeamok
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To: lwd

This sounds more like a solution looking for a problem than something that is likely to “solve” a genuine problem...


29 posted on 02/06/2013 8:08:19 AM PST by Gritty (The purpose of the Constitution is to insulate personal freedom from the lust for power-A.Napolitano)
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To: Izzy Dunne
Better yet, how many people lied on the "have you ever used a controlled substance" question? I'm sure more often than not, and that includes some LEO.

How many people have been prescribed wellbutrin or chantix for smoking cessation by a psychiatrist? Have you ever told your doctor you've used a controlled substance in the past?

30 posted on 02/06/2013 8:10:34 AM PST by lwd
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To: WinMod70

Bingo...this is only for ccw and handgun permits. Long guns only require the NICS check.


31 posted on 02/06/2013 8:13:50 AM PST by lwd
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To: lwd

If you are unable to handle a gun you should not be walking the streets. Period.


32 posted on 02/06/2013 8:20:31 AM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: lwd

If you are unable to handle a gun you should not be walking the streets. Period.


33 posted on 02/06/2013 8:20:44 AM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: lwd

Sheriff: So, you want to buy a gun?
Applicant: Yes.
Sheriff: Then you must be crazy. Application denied.


34 posted on 02/06/2013 8:36:42 AM PST by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: lwd

I wonder how Hipaa factors into this.

Actually, this touches on why I never go to a doctor.


35 posted on 02/06/2013 8:58:57 AM PST by cuban leaf (Were doomed! Details at eleven.)
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To: TexasRepublic

Kinda how the military defines an alcoholic.

Do you drink alone-Sometimes
Do you drink for the taste-Sometimes
Do you have more than one drink-Sometimes

Any yes or sometimes answer and you are labeled an alcoholic.


36 posted on 02/06/2013 9:51:50 AM PST by USAF80
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To: USAF80

Yeah...dealing with it here myself. Husband isn’t rated for PTSD, but a TBI. He sustained a penetrating head injury in Iraq. If one googles his name, can read what happened to him. He’s put in some applications here and there and never gets a call back, which is upsetting for him. He’s bored being stuck at home. I can’t say I blame him. So, I’m trying to encourage a return to school or volunteer work to keep busy.


37 posted on 02/07/2013 8:56:18 AM PST by rangerwife
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