Guns and ADD do mix
November 16, 2009 6:13 PM   Subscribe

Could being treated for ADD cause someone to lose their concealed carry permit?

My brother is a responsible gun owner who has a concealed carry permit. I also think he would be happier in his work life if he was being treated for ADD. He's very reluctant to see a Dr about this because he's afraid he'll lose his concealed carry permit. I'm not sure where he got this notion but it can't be true, can it?
posted by TorontoSandy to Law & Government (7 answers total)
The answer to your question depends on the laws of the jurisdiction that issued him his permit.
posted by dfriedman at 6:15 PM on November 16, 2009

I'm no lawyer or doctor, but it would seem like having untreated ADD would be riskier than having treated ADD.
posted by gjc at 6:20 PM on November 16, 2009

Look around in your jurisdiction for an attorney that can prepare a summary of the law in your jurisdiction for him.
posted by Inspector.Gadget at 6:26 PM on November 16, 2009

If your brother is in the US have him contact the local chapter of the National Rifle Association. I have no doubt they have summaries of the relevant law prepared for questions exactly like this.
posted by dfriedman at 6:27 PM on November 16, 2009

Assuming that your brother is also in Arizona, here and here are the relevant statutes, which I found linked from here. Each state will have somewhat similar, but different, rules about this; outside the US the rules vary even more broadly.

The two questions are, I think, is treatment for ADD the same as the disqualifying "suffers from mental illness," and even if it is, could that treatment lead to someone taking away the CCW permit? My guess is that the answer to both is "no" -- that he is safe to get treatment -- but as has been suggested repeatedly above, you should consult an attorney or a relevant organization (eg the NRA).
posted by Forktine at 6:51 PM on November 16, 2009

The people you want to contact are the NRA's Institute for Legislative Action Office of Legislative Counsel. They can answer some questions directly, but are more likely to refer your brother to a competent attorney who handles firearms law within his jurisdiction. (They do say "our area of expertise is in legislative, rather than legal matters"...)

If your brother is also located AZ (as I see you are), I think that he would need to be "found to constitute a danger to himself or to others or to be persistently or acutely disabled or gravely disabled pursuant to court order" in order to be ineligible for a permit, so it seems — and this is just at a very casual glance — like it would take a court finding for him to lose eligibility.

But a local attorney experienced in AZ firearms law ought to be able to give a firm answer and I definitely think that's the route for him to pursue, particularly if it means the difference between him seeking treatment or not. You're probably not talking about very much money here, I'd imagine, and I doubt he's the first person to have the question.
posted by Kadin2048 at 6:55 PM on November 16, 2009

IANAL or law enforcement officer, but I know the person who issues gun permits in my state (not AZ, but they said most states have similar regulations) and I just asked them about this. They said that the only reason people are denied conceal and carry permits for mental illness is for serious issues, usually involving committal (voluntarily or involuntarily). In fact, most departments don't even check with local mental health care providers, rather they just do a search of the state health care system. Rather than calling a lawyer, why not just call the law enforcement agency that gave him his permit and ask them? Seems more direct and a LOT cheaper than paying a lawyer.
posted by karyotypical at 7:39 PM on November 16, 2009

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