qualifications for HCP

[Guest archerdr1]

Here's another question. I work with a guy who was in the military. He was also with the Sheriff's office after he got out. We was, upon leaving the military 25 years ago, diagnosed with PTSD. He and his wife went to get their permits about a year ago and she got hers, but he was told that he could not get his b/c he was diagnosed with PTSD. He never went through any form of psych treatment and does not suffer from anything and was diagnosed 25 years ago. Were the people in DOS correct in telling him that he cannot get his permit?

[Oh Shoot]

Here's another question. I work with a guy who was in the military. He was also with the Sheriff's office after he got out. We was, upon leaving the military 25 years ago, diagnosed with PTSD. He and his wife went to get their permits about a year ago and she got hers, but he was told that he could not get his b/c he was diagnosed with PTSD. He never went through any form of psych treatment and does not suffer from anything and was diagnosed 25 years ago. Were the people in DOS correct in telling him that he cannot get his permit?

"That the applicant has not been adjudicated as a mental defective, has not been judicially committed to or hospitalized in a mental institution pursuant to title 33, has not had a court appoint a conservator for the applicant by reason of a mental defect, has not been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity, and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in title 33, chapter 6, part 5, because of mental illness;"

"adjudicated" means result of court or judicial hearing.

"judicially committed" takes court or judge's action.

I'd say he should be fine, but IANAL, or perhaps more importantly, don't work for TNDOS.

Who "told" him he didn't qualify?

Is there some military paperwork that would surface during an HCP background check?

- OS

[Guest Sgt. Joe]

I thought our State Attorney had issued an opinion not too long ago that those with PTSD should NOT be prevented from obtaining an HCP.

I cant be sure but sure thought I read as much.

Hard to argue with DOS though, not impossible but hard.

[Guest archerdr1]

He said that the girl at DOS said that she didn't think he could, then called someone else, who called someone else and that the common consensus was that he couldn't. He will be relieved to hear this!

[Oh Shoot]

I thought our State Attorney had issued an opinion not too long ago that those with PTSD should NOT be prevented from obtaining an HCP.

I cant be sure but sure thought I read as much.

Good call, found it right off:

http://tennessee.gov/attorneygeneral/op/2008/op/op133.pdf

There is more, but here is summary:

"QUESTION

Can a person who has been diagnosed as suffering from Post Traumatic Stress Disorder

(PTSD), but who has not been adjudicated or hospitalized for a mental illness or because of mental

incompetence, obtain a handgun carry permit?

OPINION

Yes. Under Tenn. Code Ann. § 39-17-1351©(12), as it is presently written, a person who

has been diagnosed with PTSD may obtain a handgun carry permit, as long as that person has not

been adjudicated as mentally defective, been committed or hospitalized, or been judicially

determined to pose a substantial risk of harm because of PTSD."

- OS

[Guest Sgt. Joe]

If he sent in the app and DOS found something to turn him down for then he needs to contact them as to what he could do to "fix" it.

It does seem odd a diagnosis 25 years old would disqualify him especially since he worked as LEO since.

But DOS did make me go back and prove a non-disqualifying bad check charge was taken care of before they would issue?

Maybe all he needs is a Doc to say he no longer suffers from it....?

I am sure no lawyer or even that smart but DOS holds all the cards in these matters, he needs to deal with them as to what to do.

[Guest archerdr1]

If he sent in the app and DOS found something to turn him down for then he needs to contact them as to what he could do to "fix" it.

It does seem odd a diagnosis 25 years old would disqualify him especially since he worked as LEO since.

But DOS did make me go back and prove a non-disqualifying bad check charge was taken care of before they would issue?

Maybe all he needs is a Doc to say he no longer suffers from it....?

I am sure no lawyer or even that smart but DOS holds all the cards in these matters, he needs to deal with them as to what to do.

That is what he told the lady that told him that. The Sheriff here told him that he wanted to hire him on as a Reserve officer adn he told the Sheriff about all the crap he was going through with his permit and the sheriff told him that he WOULD carry if working for him. Can't wait to tell him this! I need to get this all printed out for him!