Author Topic: CPL - Mental Illness & ADHD  (Read 29316 times)

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Offline TheQ

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CPL - Mental Illness & ADHD
« on: August 23, 2010, 04:48:03 PM »
I know someone who would like to apply for a CPL that has ADHD, Attention Deficit Hyperactivity Disorder.  This is quite possibly the most common mental illness today, with 8-10% of the population diagnosed (see CDC).  Many many more are undiagnosed.

Would such a diagnosis preclude such a person from purchasing a pistol or getting a CPL under MCL 28.425b: ???

(l) The applicant does not have a diagnosed mental illness at the time the application is made regardless of whether he or she
is receiving treatment for that illness

??? ??? ???
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Offline FatboyCykes

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Re: CPL - Mental Illness & ADHD
« Reply #1 on: August 23, 2010, 04:52:39 PM »
Has he been diagnosed by a doctor?

Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #2 on: August 23, 2010, 05:04:09 PM »
Has he been diagnosed by a doctor?

Yes.
I Am Not A Lawyer (nor a gunsmith).

Offline kryptonian

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Re: CPL - Mental Illness & ADHD
« Reply #3 on: August 23, 2010, 05:27:57 PM »
you're in luck. there is no such thing as ADHD. everyone wants their problem issued a syndrome or disease to give them an excuse to keep doing it and get special attention. the cure for ADHD is called PAY ATTENTION. there - you're cured. years ago we didn't Epstein- Barr - it was called LAZY. fibromialga isn't a disease either - it's called leg pains or whatever doctors want to milk you for and your insurance. no insurance - bet you don't get diagnosed with anything. doctors love to diagnose it because they keep you coming back and prescribing you stuff for it. there's no money in cures.
alcoholism isnt a disease either. a cold or flu or cancer is a disease. they create negative responses in your body - they don't make you drive to a liquor store. if you think you're jesus christ - THAT'S mental illness. if you can't sit still and pay attention to stuff your parents are to blame. in our day if you were disruptive in public your parents snatched you up and made you stop. now they tell people that complain about your kid that they have special needs and allow them to be a pain. special needs? your kid especially needs to shut up. kids in covered wagons crossing the plains for years didn't have hyperactivity. if you were screaming and spooking cattle and alerting indians your ritalin was a skillet against your head. my friend is a nurse and she volunteered in africa for treating ecoli and children sat for 8-10 hours with their parents and didn't say a word. it's called discipline. we didn't have ADHD when we were kids because we weren't allowed to.
people need to quit hiding behind manufactured problems and deal with life. the excuse/entitlement  generation wants everything handed to them and cry 'victim' when their excuses won't work. ok i'm off my soapbox now. bash away.
i don't fear the barking dog...i'm scared of the quiet dog

Offline wardog6t

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Re: CPL - Mental Illness & ADHD
« Reply #4 on: August 23, 2010, 05:35:45 PM »
Federal Requirements:4. Not be adjudicated as a mental defective or who has been committed to a mental institution

State: An order requiring involuntary hospitalization or alternative treatment
An order finding legal incapacitation

15. Have never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to a mental illness

16. Not have a diagnosed mental illness at the time the application is made, regardless of whether he or she is receiving treatment

"Any day you don't hear a "POP" and "WHIZ" is a Wonderful day....."

Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #5 on: August 23, 2010, 05:38:15 PM »
you're in luck. there is no such thing as ADHD. everyone wants their problem issued a syndrome or disease to give them an excuse to keep doing it and get special attention.

<snipped long and off the point rant>

Wow -- hmmm.  I'm not sure.  What constitutes a mental illness under this law?  ADHD is listed in the DSM IV.  I think it was in II and III as well.
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Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #6 on: August 23, 2010, 05:39:51 PM »
Federal Requirements:4. Not be adjudicated as a mental defective or who has been committed to a mental institution
State: An order requiring involuntary hospitalization or alternative treatment
An order finding legal incapacitation
15. Have never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to a mental illness
16. Not have a diagnosed mental illness at the time the application is made, regardless of whether he or she is receiving treatment

Said person in my example has neither ever been institutionalized nor adjudicated to have a deficit of mental capacity.
I Am Not A Lawyer (nor a gunsmith).

Offline fozzy71

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Re: CPL - Mental Illness & ADHD
« Reply #7 on: August 23, 2010, 06:15:17 PM »
I know someone who would like to apply for a CPL that has ADHD, Attention Deficit Hyperactivity Disorder.  This is quite possibly the most common mental illness today, with 8-10% of the population diagnosed (see CDC).  Many many more are undiagnosed.

Would such a diagnosis preclude such a person from purchasing a pistol or getting a CPL under MCL 28.425b: ???

(l) The applicant does not have a diagnosed mental illness at the time the application is made regardless of whether he or she
is receiving treatment for that illness

??? ??? ???

No, it doesn't matter.  ADHD is not a 'mental Illness'.  Mine is fully documented, and I told them so at the gun board meeting so as to be fully honest.   I am not sure where they draw the line in the sand but I assume this refers to schizophrenia and other debilitating (genetic) mental disease.  I don't know of anyone that has ever been committed for ad/hd.

Offline autosurgeon

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Re: CPL - Mental Illness & ADHD
« Reply #8 on: August 23, 2010, 09:53:30 PM »
ADHD is BS it is a catch all excuse for many other social ills.

That said it does not preclude one from getting a CPL.
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline fozzy71

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Re: CPL - Mental Illness & ADHD
« Reply #9 on: August 23, 2010, 10:33:36 PM »
ADHD is BS it is a catch all excuse for many other social ills.
...

qft

I recently weened myself off my meds.

Offline autosurgeon

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Re: CPL - Mental Illness & ADHD
« Reply #10 on: August 23, 2010, 10:44:40 PM »
ADHD is BS it is a catch all excuse for many other social ills.
...

qft

I recently weened myself off my meds.

good for you!
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline Agent1

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Re: CPL - Mental Illness & ADHD
« Reply #11 on: August 24, 2010, 06:04:18 PM »
you're in luck. there is no such thing as ADHD. everyone wants their problem issued a syndrome or disease to give them an excuse to keep doing it and get special attention. the cure for ADHD is called PAY ATTENTION. there - you're cured. years ago we didn't Epstein- Barr - it was called LAZY. fibromialga isn't a disease either - it's called leg pains or whatever doctors want to milk you for and your insurance. no insurance - bet you don't get diagnosed with anything. doctors love to diagnose it because they keep you coming back and prescribing you stuff for it. there's no money in cures.
alcoholism isnt a disease either. a cold or flu or cancer is a disease. they create negative responses in your body - they don't make you drive to a liquor store. if you think you're jesus christ - THAT'S mental illness. if you can't sit still and pay attention to stuff your parents are to blame. in our day if you were disruptive in public your parents snatched you up and made you stop. now they tell people that complain about your kid that they have special needs and allow them to be a pain. special needs? your kid especially needs to shut up. kids in covered wagons crossing the plains for years didn't have hyperactivity. if you were screaming and spooking cattle and alerting indians your ritalin was a skillet against your head. my friend is a nurse and she volunteered in africa for treating ecoli and children sat for 8-10 hours with their parents and didn't say a word. it's called discipline. we didn't have ADHD when we were kids because we weren't allowed to.
people need to quit hiding behind manufactured problems and deal with life. the excuse/entitlement  generation wants everything handed to them and cry 'victim' when their excuses won't work. ok i'm off my soapbox now. bash away.



+1
"It isn't always being fast or even accurate that counts. It's being willing. I found out early that most men, regardless of cause or need, arn't willing. They blink an eye or draw a breath before they pull the trigger. I won't."
 John Wayne (The Shootist.)

Offline drtodd

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Re: CPL - Mental Illness & ADHD
« Reply #12 on: August 24, 2010, 09:58:52 PM »
I didn't know that there were so many people here qualified to diagnose other people.  Yes, there are those who have attentional problems which are not the result of having the disorder known as ADHD. Yes, there are a number of reasons that a person can have attentional problems.  In my work, I think anxiety is something that actually has a larger influence on one's attentional ability than ADHD. 

In response to the OP's question, I submit that the link below pretty much covers it: the op's friend can probably get a CPL.

http://www.thehighroad.org/archive/index.php/t-157634.html
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"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline autosurgeon

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Re: CPL - Mental Illness & ADHD
« Reply #13 on: August 25, 2010, 09:22:46 AM »
ADHD is a catchall that was designed by psychiatrists for a populaces that required a reason why for every behavior.

Every group of behaviors has other reasons BUT most are unpopular.

Most stem from lacks in home-life or diet that are not as easily corrected as just give johnny this medication and call it a day.

I have students with these symptoms who are medicated and they are useless when on the meds. I have other students who have the same symptoms but who are not medicated and I discuss diet with them or find out what stress they have at home that is raising their anxiety level. Most common is lack of attention which leads them to show off to gain attention.

Amazing how a few fruits and vegetables and a little positive attention (IE praise for a good job) can change these children. Also many times just having them on their feet being active does much good as it wears off the energy they otherwise would put to more annoying uses.

I contend that many teachers do not take into account the differing speeds at which children learn and fail to have enough to keep many children busy and then when they are done early they get noisy and boisterous which is normal kid behavior ... however they get labeled as hyper and having attention problems BC the busy work the teacher fills in with doesn't interest them so they act out.

I actually have a minor in Special Pops so I do have a fairly good basis for my theory  ;D
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #14 on: August 25, 2010, 10:21:24 AM »
So, l this retoric being said, I still have my adult friend who is diagnosed by someone who has Psycology and Medical Doctorate degrees as having ADHD. Given that, how does said person respond to the question on the CPL Application: have you ever been diagnosed with a mental illness, regardless if you are receiving treatment or not? ???
I Am Not A Lawyer (nor a gunsmith).

Offline fozzy71

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Re: CPL - Mental Illness & ADHD
« Reply #15 on: August 25, 2010, 11:45:41 AM »
So, l this retoric being said, I still have my adult friend who is diagnosed by someone who has Psycology and Medical Doctorate degrees as having ADHD. Given that, how does said person respond to the question on the CPL Application: have you ever been diagnosed with a mental illness, regardless if you are receiving treatment or not? ???

Truthfully.

I answered it, during the gun board meeting.  I told them I was diagnosed with AD/HD and Depression after my divorce, as I wasnt sure if they had access to my medical records, and the Gun Board member told me 'that ain't mental illness'.

Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #16 on: August 25, 2010, 12:41:46 PM »
Truthfully.

I answered it, during the gun board meeting.  I told them I was diagnosed with AD/HD and Depression after my divorce, as I wasnt sure if they had access to my medical records, and the Gun Board member told me 'that ain't mental illness'.

To be clear then, the answer on the Applicationis: no.
 
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Offline autosurgeon

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Re: CPL - Mental Illness & ADHD
« Reply #17 on: August 25, 2010, 01:11:25 PM »
Truthfully.

I answered it, during the gun board meeting.  I told them I was diagnosed with AD/HD and Depression after my divorce, as I wasnt sure if they had access to my medical records, and the Gun Board member told me 'that ain't mental illness'.

To be clear then, the answer on the Applicationis: no.
 

That is what I would put!
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline fozzy71

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Re: CPL - Mental Illness & ADHD
« Reply #18 on: August 25, 2010, 01:21:37 PM »
Correct.  I assumed that AD/HD was not mental illness when filling out the paperwork, and confirmed it when I tried sticking my foot in my mouth at the hearing.  :-X

Offline lil_freak_66

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Re: CPL - Mental Illness & ADHD
« Reply #19 on: August 25, 2010, 04:31:31 PM »
ADHD is a farce imo.

seems that practically any child meets the criteria to be diagnosed with it....i mean its basically saying a person is hyper and might not like to listen to everyone.
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Offline BravoKilo

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Re: CPL - Mental Illness & ADHD
« Reply #20 on: August 28, 2010, 12:35:38 AM »
Diagnosis and definition of mental illness aside, how is your friend being treated for his ADHD?  Carrying a firearm while under the influence of a controlled substance is a big no-no, and it's my guess that he is being treated with Adderall/Ritalin/Concerta/etc. (which are all Schedule 2 drugs, read: controlled substance)?



Offline TheQ

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Re: CPL - Mental Illness & ADHD
« Reply #21 on: August 28, 2010, 01:55:26 PM »
Diagnosis and definition of mental illness aside, how is your friend being treated for his ADHD?  Carrying a firearm while under the influence of a controlled substance is a big no-no, and it's my guess that he is being treated with Adderall/Ritalin/Concerta/etc. (which are all Schedule 2 drugs, read: controlled substance)?

Currently no treatment.
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Offline BravoKilo

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Re: CPL - Mental Illness & ADHD
« Reply #22 on: August 28, 2010, 02:48:20 PM »
Diagnosis and definition of mental illness aside, how is your friend being treated for his ADHD?  Carrying a firearm while under the influence of a controlled substance is a big no-no, and it's my guess that he is being treated with Adderall/Ritalin/Concerta/etc. (which are all Schedule 2 drugs, read: controlled substance)?

Currently no treatment.

Good, one less thing to worry about at the moment.  Any idea if he will be seeking active treatment? 
Typical first-line treatment for ADHD will be your C-2 stimulants, however there are other alternatives that are non-controlled substances.  As far as I know, Strattera is the only FDA-indicated medication for treatment of ADHD, though there are other medications with off-label use (Bupropion, clonidine, and the TCAs [amitriptyline, desipramine, imipramine]).  If he chooses to proceed with his CPL application and finds himself seeking treatment, his physician should be able to address the issue of using a medication that is not a controlled substance and is suited for him.