Needing some legal advice on CHL application

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akgriffin

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Does anyone know of a lawyer that is proficient in second amendment law. There isn't any lawyer here in mcalester that i trust. I am a disabled vet, i have ptsd, i have never been adjudicated mentally incompetent/danger to self or others. I was advised by the Pittsburgh county sheriffs office that i would be denied by the OSBI unless i had a letter from the doctor stating that i am mentally sound to carry. No doctor will open themselves up to a potential lawsuit like that. I was a officer for DOC, cleet certified, taken a MMPI for my armed security guard license. As i read the requirements, that should be a non factor. I can still buy firearms, bought a rifle, shotgun, pistol about a year ago and was never denied, or even held up. I would really like someone to explain to me if i'm right or wrong in my questions. thank you.
 

SMS

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Question #44 is the question that applies:

44. Are you currently undergoing or have you in the last 3 years undergone treatment by a licensed physician for a mental illness, condition or disorder?
For purposes of this application, "undergoing treatment for a mental illness, condition, or disorder" means the person has been diagnosed by a licensed physician as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

PTSD does not automatically apply to the bolded text. As you know, PTSD is a broad diagnosis for a range of underlying issues that can be minor to severe. Only you and your doctor know if your PTSD is "a substantial disorder...that significantly impairs judgement, behavior etc...". Do you take mediation for it, does it impair your judgement? etc...

My advice would be stop talking to the sheriff's office about it, it's none of their business...and then do some soul searching and answer the question honestly on the application. If you can, in good conscience, answer "No" then do so and move forward.

I wonder what OSBI considers a "substantial disorder"?

(on a related note...there is a thread on ARFCOM that follows an Oklahoma vet with PTSD who, with the help of State Sen. Russell, was able to get his permit: http://www.ar15.com/forums/t_8_25/4...__SDA_application_has_been_denied.html&page=1)
 
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akgriffin

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SMS, man thank you for that link, i just read it all, and i think i have a chance. The DR at the VA told me she had no problem with me getting my chl. I think you are right about not talking about it to the PCSD. I think ill also be making some calls this week.
Again i really want to thank you.
 

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