Results 1 to 2 of 2

Thread: The "mental illness" question on the CPL application.

  1. #1
    Regular Member Springfield Smitty's Avatar
    Join Date
    May 2009
    Location
    OKC, OK (Heading back to MI very soon - thank goodness)
    Posts
    296

    Post imported post

    Well, here is some case law. This ruling from the MI Supreme Court supports a circuit court's order to a county gun board to issue a CPL to a man who was very clearly a threat to himself and others in the past.

    http://coa.courts.mi.gov/documents/o...38.opn.coa.pdf

    I also want to point out that the CPL application has apparently been revised. The mental illness question is number six. It now reads, "Do you have a diagnosed mental illness, regardless of whether you are receiving treatment for that illness?"

    This is not worded in the past-tense, but the present."Do you"is different than "have you ever been".

    What is perhaps most disturbing is that the gentleman in the supreme court opinion above is a reserve deputy. Scary thought when you read his mental health history.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

  2. #2
    Regular Member Springfield Smitty's Avatar
    Join Date
    May 2009
    Location
    OKC, OK (Heading back to MI very soon - thank goodness)
    Posts
    296

    Post imported post

    I also wanted to add that when you read the supreme court ruling, pay attention. It appears to me that the board MUST call you in for a hearing if you check yes to question number six (I believe it was 16 at that time). I could be wrong, but it seems pretty clear to me:
    "The first 13 grounds are based on objective criteria, such as the age of the applicant, whether the applicant has ever been subject to an order of involuntary commitment, whether the applicant has completed a pistol safety course, and whether the applicant has been convicted of an enumerated offense. MCL 28.425b(7)(a) through (m). The final ground and the provision at issue in the case, ยง 425b(7)(n), is subjective and subject to discretionary decision making by a licensing board."
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •