Expert: Robert P. Firriolo - 3/9/2009

Question
QUESTION: I am 29 years old. I am intersted in a career in law enforement which will likely require me to carry a handgun. Abut 6 years ago I was treated for depression and was seeing a therapist. I have also seen one this year but for anxiety because of the economy. Do you know if by having a past psychiatric history I will be prohibited from getting a pistol permit?  Thanks for your help

ANSWER: You do not say in which jurisdiction you intend to apply for a pistol permit, so it is impossible to answer your question with certainty. You also do not say the terms of your treatment for depression. Under federal law, you would be prohibited from possessing a firearm if you have been adjudicated as a mental defective or have been committed to a mental institution.

Your state could have additional prohibitions, which would likely be set forth on the application and/or instructions for a permit. If you were not adjudicated as a mental defective or committed to a mental institution, I suggest you simply read the application and instructions to see whether you fit into any other prohibited category.

Good luck to you.

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QUESTION: The jurisdiction is NY. I voluntarily admitted myself to the hospital and also discharged myself. I was never required to return for follow up or required to take medication. Does this help at all in answering my question with more certainty?

Answer
The additional information is somewhat helpful but your ultimate question still cannot be answered with certainty. Since you were not adjudicated as a mental defective and you were not committed to a mental institution, your mental health history would not make you a prohibited person under federal law. However, whether you can get a pistol license in New York will depend on which county you apply for the license in and how the licensing agent there evaluates your application.

Some applications in New York will specifically ask whether you have ever been admitted to a mental institution, sanitarium or received psychiatric treatment. You are required to answer such questions truthfully. The investigation of your application could involve contacting your doctor(s) for an interview. The licensing officer is given broad discretion under state law to issue or deny a carry license, and he or she will have to make a determination as to whether it is appropriate to issue you a license. There is really no way to tell you in advance what the licensing officer will decide since they will likely evaluate the entirety of your personal situation, including your residential and employment history, and checks on your personal references.