Previous mental illness and handguns

[color of law]

No they don't some have laws against display which is not open carry, putting a gun on a dash, table, or holding it in the hand is display. I have OC's in many of those cities with display laws, either the police don't care, or they know it is not meant for OC.

If that is the case then displaying a cross could be made a crime. Remember is not the cross itself, it is the display of the cross.

 

[WalkingWolf]

It doesn't seem as though anyone here understands postpartum mood disorders. It is not a lifelong diagnosis, and is not the same as having depression and other mood disorders. My guns have not been taken nor was it ever considered because I was not a threat to anyone. I was never suicidal, homicidal, or violent. My psychosis was a manifestation of my anxiety. I never acted out towards anyone, I didn't hear voices, I didn't see things. It was diagnosed as psychosis but it was not like the stories you hear where mothers lose control and do horrible things. I would stay up for days to watch my daughter sleep for fear that she would stop breathing, I wouldn't allow anyone near her for fear of her getting sick, I took her to the ER numerous times because I was convinced something was wrong. It was nothing more than extreme reactions to my anxiety. The "two year" comment isn't relevant because postpartum mood disorders do not last that long. The police were never involved. There was never any dramatic event around my hospitalization. It was involuntary because I wouldn't sign the papers myself because I didn't want to be away from my daughter. I am as sane as anyone here and no one has any reason to doubt my ability to own guns. There is no need for a debate about whether or not our guns should have been taken or my current mental health. I can see that this wasn't the right place to ask.

Kelly it is pretty common with military wives, probably shows more because of the added stress of military life. As an MP I have dealt with it, nothing to laugh at, but should not be a permanent sentence. As shocking as it might sound many people both male, and female go through depression after a major health event such as heart attacks, strokes. It also is temporary, but not to be ignored.

 

[WalkingWolf]

If that is the case then displaying a cross could be made a crime. Remember is not the cross itself, it is the display of the cross.

It is not against the law to display a cross. Unless it is being displayed to take terror to the people, a large cross could be used as a blunt object, and as such would be subject to GATTTOP.

OC in NC is protected by State vs Kerner. Display can also cover handgun size, such as Chapel Hill. Cary had tried to make arrests for display but those attempts backfired, they then changed their law. There are few places where OC can be restricted, basically the same places as OC, except for state parks. Our gun rights organization in NC pushed a change that ONLY allowed conceal carry in State Parks.

The NC members on OCDO can pretty much attest that we can OC comfortably in every corner of NC.

 

[color of law]

It is not against the law to display a cross. Unless it is being displayed to take terror to the people, a large cross could be used as a blunt object, and as such would be subject to GATTTOP.

OC in NC is protected by State vs Kerner. Display can also cover handgun size, such as Chapel Hill. Cary had tried to make arrests for display but those attempts backfired, they then changed their law. There are few places where OC can be restricted, basically the same places as OC, except for state parks. Our gun rights organization in NC pushed a change that ONLY allowed conceal carry in State Parks.

The NC members on OCDO can pretty much attest that we can OC comfortably in every corner of NC.

All I'm hearing is open carry in not a right; it is a privilege.

 

[solus]

NORTH CAROLINA STATE CONSTITUTION
Some cities/counties have ordinances against open carry.

Based on the constitution, where does the legislators get the authority to allow cities/counties to disallow open carry? My point for the question is this, setting aside the persons legal mental incompetent status, what stops this person from privately purchasing a firearm and openly carrying said firearm?

CoL, et al., unable to provide a specific cite, but state exemption was passed within the last 5 years which negated those.

give me tomorrow and i will run down something specific.

 

[Grapeshot]

CoL, et al., unable to provide a specific cite, but state exemption was passed within the last 5 years which negated those.

give me tomorrow and i will run down something specific.

Is this what you are seeking?

"Under G.S. 14-409.40, “the regulation of firearms is properly an issue of general, statewide concern, and . . . the entire field of regulation of firearms is preempted from regulation by local governments,” with limited exceptions."
https://nccriminallaw.sog.unc.edu/local-regulation-of-guns/

 

[solus]

This is far worse than QI. A shrink can attest to anything and the courts will abide the shrink without question. A later date will administer whether the shrink was right or wrong. remember, cops are in the legal and illegal business, not the right or wrong business. Shrinks enjoy absolute immunity.

majority of states MH providers are mandated by ethical and legal constraints with a duty to warn (tarasoff). additionally, there is statutory mandates to report child and elder abuse.

 

[solus]

Is this what you are seeking?

"Under G.S. 14-409.40, “the regulation of firearms is properly an issue of general, statewide concern, and . . . the entire field of regulation of firearms is preempted from regulation by local governments,” with limited exceptions."
https://nccriminallaw.sog.unc.edu/local-regulation-of-guns/

2011: passed bill:
http://www.ncleg.net/Sessions/2011/Bills/House/PDF/H650v6.pdf

 

[WalkingWolf]

All I'm hearing is open carry in not a right; it is a privilege.

The Constitution of this State, see. 24, Art. 1, which is
entitled, "Declaration of Rights," provides: "The right of the
people to keep and bear arms shall not be infringed," adding,
"Nothing herein contained shall justify the practice of carrying
concealed weapons, or prevent the Legislature from enacting penal
statutes against said practice." This exception indicates the
extent to which the right of the people to bear arms can be
restricted; that is, the Legislature can prohibit the carrying of
concealed weapons, but no further. This constitutional guarantee
was construed in S. v. Speller, 86 N. C. 697, in which it was held
that the distinction was between the "right to keep and bear arms,"
and the "practice of carrying concealed weapons." The former is a
sacred right, based upon the experience of the ages in order that
the people may be accustomed to bear arms and ready to use them for
the protection of their liberties or their country when occasion
serves. The provision against carrying them concealed was to
prevent assassinations or advantages taken by the lawless, i. e.,
against the abuse of the privilege.

http://www.constitution.org/2ll/bardwell/state_v_kerner.txt

 

[solus]

et al., https://www.psychologytoday.com/blog/isnt-what-i-expected/201601/postpartum-women-and-therapy
postpartum (major depressive disorder) is a very very dangerous condition

quote:
A contradiction that, ironically, compels her to pretend she is fine. She manages to tap into what little energy she has, in order to create and maintain the illusion that everything is under control.

Every postpartum woman is preoccupied, whether she is depressed or not. This is not the best time to insert a therapeutic relationship and time-intensive healing process. But if her symptoms of depression and anxiety are acute enough, if she is sick enough, if her thoughts are distorted enough, she needs help.

And she needs help right away.

Therapists who specialize in the treatment of perinatal depression and anxiety are both challenged and honored to accompany a postpartum woman as she teeters on this precipice between her struggle to get through the day and her intermittent wish to give up. Sometimes, releasing her grip and plunging into the abyss sounds tempting to her and suicide can feel like a better option than suffering. unquote

http://www.medicalnewstoday.com/articles/271217.php

quote:

A comprehensive review of clinical studies examining postpartum depression carried out in January 2014 has shown that although symptoms of postpartum depression in most women recede over time, for a large number of women, depression remains a long-term problem.

Overall, the review found that 38% of women with postpartum depression experienced chronic symptoms.


In women who were receiving medical care, 50% of patients experienced depression for more than 1 year after childbirth. ​unquote

 

[color of law]

The Constitution of this State, see. 24, Art. 1, which is entitled, "Declaration of Rights," provides: "The right of the people to keep and bear arms shall not be infringed," adding, "Nothing herein contained shall justify the practice of carrying concealed weapons, or prevent the Legislature from enacting penal statutes against said practice." This exception indicates the extent to which the right of the people to bear arms can be restricted; that is, the Legislature can prohibit the carrying of concealed weapons, but no further. This constitutional guarantee was construed in S. v. Speller, 86 N. C. 697, in which it was held that the distinction was between the "right to keep and bear arms," and the "practice of carrying concealed weapons." The former is a sacred right, based upon the experience of the ages in order that the people may be accustomed to bear arms and ready to use them for the protection of their liberties or their country when occasion serves. The provision against carrying them concealed was to prevent assassinations or advantages taken by the lawless, i. e., against the abuse of the privilege.

http://www.constitution.org/2ll/bardwell/state_v_kerner.txt

State v. Oaks, 594 SE 2d 788 - NC: Court of Appeals 2004

North Carolina courts have long deemed it reasonable to regulate, without infringing upon, the right to bear arms under certain circumstances. We have prohibited "`the carrying of deadly weapons when under the influence of intoxicating drink, or to a church, polling place, or public assembly, or in a manner calculated to inspire terror....'" State v. Dawson, 272 N.C. 535, 546, 159 S.E.2d 1, 10 (1968) quoting State v. Kerner, 181 N.C. 574, 107 S.E. 222 (1921). See N.C. Gen.Stat. § 14-415.1 (2003).

As I said, not a right unless this only applies to conceal carry.

 

[WalkingWolf]

State v. Oaks, 594 SE 2d 788 - NC: Court of Appeals 2004
As I said, not a right unless this only applies to conceal carry.

In NC it is legal to drink, and OC, most of what you are talking about IS conceal carry. There are some restrictions to carry as in almost all states, but we have solid court case protecting the right. Does your state?

Also you completely ignored the reference to intent(terror) which limits any activity. Do you think a person has a right to terrorize others with a firearm? There is nothing in State v Oaks that has anything to do with OC.

 

[Kelley_c]

I did not minimize anything. I said what happened and that it wasn't comparable to the stories of psychosis people hear and read. I have had this talk with my doctors multiple times and they agree. So the picture you're painting is not accurate for my situation. I am not in the grips of any major depressive disorder. I'm am not convinced by some illusion that I'm fine, I know I'm fine. My doctors, who are leading researchers and providers at the only sole perinatal mood disorder clinic in the country know I'm fine. I have talked with them in detail about getting my concealed carry and they have no qualms with it whatsoever. My only "reservations" are concerning the fact that we don't want to spend the money and be humiliated by the sheriffs dept because they could potentially react the same as many of you due to not understanding the reality of my situation. Unless you have a PHd in psychiatry with a perinatal specialty don't try to define my diagnosis or mental standing based upon Google findings.

 

[countryclubjoe]

I did not minimize anything. I said what happened and that it wasn't comparable to the stories of psychosis people hear and read. I have had this talk with my doctors multiple times and they agree. So the picture you're painting is not accurate for my situation. I am not in the grips of any major depressive disorder. I'm am not convinced by some illusion that I'm fine, I know I'm fine. My doctors, who are leading researchers and providers at the only sole perinatal mood disorder clinic in the country know I'm fine. I have talked with them in detail about getting my concealed carry and they have no qualms with it whatsoever. My only "reservations" are concerning the fact that we don't want to spend the money and be humiliated by the sheriffs dept because they could potentially react the same as many of you due to not understanding the reality of my situation. Unless you have a PHd in psychiatry with a perinatal specialty don't try to define my diagnosis or mental standing based upon Google findings.

Hi Kelley

The first three replies to your query all advised you seek counsel.. Said replies are cut and dry. This is a discussion board and folks opine on different scenarios that could possibly occur in your situation.. In discussing the possibilities of each situation we actually gain knowledge that may assist ourselves or another member at a later time..

One wonders why your leading research doctors did not advise you seek counsel.. Most attorney's will give a 20/30 minute free consultation.
Regarding the sheriff office, bear in mind that they are not lawyers and they are not your friend..

Please seek the advise of counsel, and feel free to come back and share your experience. Good luck and great health.

My .02
Regards
CCJ

 

[bc.cruiser]

Hi Kelley

The first three replies to your query all advised you seek counsel.. Said replies are cut and dry. This is a discussion board and folks opine on different scenarios that could possibly occur in your situation.. In discussing the possibilities of each situation we actually gain knowledge that may assist ourselves or another member at a later time..

One wonders why your leading research doctors did not advise you seek counsel.. Most attorney's will give a 20/30 minute free consultation.
Regarding the sheriff office, bear in mind that they are not lawyers and they are not your friend..

Please seek the advise of counsel, and feel free to come back and share your experience. Good luck and great health.

My .02
Regards
CCJ

What he said.

Our answers are based on our own experiences and reading of the statutes. Most of us are not lawyers which is why we advise you to contact one. In the end, it is your decision on how and where to spend your money. Echoing the general sentiment, as CCJ said about the sheriff's office: "They are not your friend."

Good luck.

 

[countryclubjoe]

A free consultation with an attorney does not bind him by his canons of ethics to the truth or your best interests. It is a sales pitch and advertisement. YOU MUST have a contract!

Indeed however the OP need start somewhere.. I believe she received all that she is going to receive here on her issue.

My .02
CCJ

 

[solus]

Hi Kelley

The first three replies to your query all advised you seek counsel.. Said replies are cut and dry. This is a discussion board and folks opine on different scenarios that could possibly occur in your situation.. In discussing the possibilities of each situation we actually gain knowledge that may assist ourselves or another member at a later time..

One wonders why your leading research doctors did not advise you seek counsel.. Most attorney's will give a 20/30 minute free consultation.
Regarding the sheriff office, bear in mind that they are not lawyers and they are not your friend..

Please seek the advise of counsel, and feel free to come back and share your experience. Good luck and great health.

My .02
Regards
CCJ

elegantly and concisely stated

hearty, well done mate!

 

[bc.cruiser]

NORTH CAROLINA STATE CONSTITUTION
Some cities/counties have ordinances against open carry.

Based on the constitution, where does the legislators get the authority to allow cities/counties to disallow open carry? My point for the question is this, setting aside the persons legal mental incompetent status, what stops this person from privately purchasing a firearm and openly carrying said firearm?

The infamous PPP (Pistol Purchase Permit), issued by your county sheriff, is required for ALL lawful handgun purchases (the CHP may alternatively be used).

§ 14-402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

Municipalities are established through state legislation. They are then granted the authority to enact ordinances and govern. One of these is the authority to regulate the carry and display of firearms on or in municipality owned (public) property.

State pre-emption for carrying handguns is formalized for CC. OC is the default condition; anything else requires the state's permission slip and is therefore regulated by the state. Except that the state also recognizes the authority they conferred on the municipalities to regulate firearms on their property (except specific named areas).

The cite posted by Grapeshot does not involve OCing a gun. Simply, it limits zoning or restricting manufacture or sale locations.
I am not sure which section of the bill Solus meant, but I will address 14-415.23: It has since been amended to allow CC in public parks, allows restrictions in specific areas, and allows one to have the gun on publice property when stored in your vehicle.

(Current form)

§ 14-415.23. Statewide uniformity. (a) It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises.(snipped)

Strictly speaking, I agree with your point. If OC were a true right, we could carry on/in all public property and buildings.

 

[solus]

The infamous PPP (Pistol Purchase Permit), issued by your county sheriff, is required for ALL lawful handgun purchases (the CHP may alternatively be used).

§ 14-402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

Municipalities are established through state legislation. They are then granted the authority to enact ordinances and govern. One of these is the authority to regulate the carry and display of firearms on or in municipality owned (public) property.

State pre-emption for carrying handguns is formalized for CC. OC is the default condition; anything else requires the state's permission slip and is therefore regulated by the state. Except that the state also recognizes the authority they conferred on the municipalities to regulate firearms on their property (except specific named areas).

The cite posted by Grapeshot does not involve OCing a gun. Simply, it limits zoning or restricting manufacture or sale locations.
I am not sure which section of the bill Solus meant, but I will address 14-415.23: It has since been amended to allow CC in public parks, allows restrictions in specific areas, and allows one to have the gun on publice property when stored in your vehicle.

(Current form)

§ 14-415.23. Statewide uniformity. (a) It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings and their appurtenant premises.(snipped)

Strictly speaking, I agree with your point. If OC were a true right, we could carry on/in all public property and buildings.

BC, et al., the 2011 bill i which due to the hour didn't look for, which Grape jumped in to assisted, then i cited the original 2011 bill which outlined a myriad of statutes regarding firearms which needed clarifying, updating, etc., was the beginning of changing besides a gaggle of other statutes, but the state statute, 14-415.23, BC referenced. this statute was then updated in 2013 and 2015 mainly to overcome the idiotic municipality's insistence in their concept of what a playground is!

please refer to the original 2011 bill to see other specific statutes effected by it's passage!

BC, please understand when a municipality, an incorporated entity, 'owns' property it has the same rights as an other property owner. as such they can put up gun buster signs as the property owner since said property is not truly 'public' in the sense you believe it is. the property truly belongs to the overseers of the municipality who is empowered to manage and protect their property as they see fit, just like any other business owner!

that stated...which 'public' buildings are you not allowed to carry firearms? are those location(s) protected by gun buster or ordinance? please pass on your location(s) so efforts can be addressed instead of broadbrushing your statement.

IPSE

 

[bc.cruiser]

BC, et al., the 2011 bill i which due to the hour didn't look for, which Grape jumped in to assisted, then i cited the original 2011 bill which outlined a myriad of statutes regarding firearms which needed clarifying, updating, etc., was the beginning of changing besides a gaggle of other statutes, but the state statute, 14-415.23, BC referenced. this statute was then updated in 2013 and 2015 mainly to overcome the idiotic municipality's insistence in their concept of what a playground is!

please refer to the original 2011 bill to see other specific statutes effected by it's passage! I picked -415.23 to address as that most closely related to the question of pre-emption.

BC, please understand when a municipality, an incorporated entity, 'owns' property it has the same rights as an other property owner. as such they can put up gun buster signs as the property owner since said property is not truly 'public' in the sense you believe it is. the property truly belongs to the overseers of the municipality who is empowered to manage and protect their property as they see fit, just like any other business owner! I understand that; there was no argument from me about the power of a local government regulating possession/carry of guns in public (owned by the local municipality) buildings or on their property. I know the difference between these and those that are privately owned and accessible to the public (businesses).

that stated...which 'public' buildings are you not allowed to carry firearms? are those location(s) protected by gun buster or ordinance? please pass on your location(s) so efforts can be addressed instead of broadbrushing your statement. No broad-brushing here. The public buildings you are not allowed to carry in are those deemed so by the local government entity, such as police stations, libraries, and hospitals. I also know that not all municipalities regulate the same; you need to check your locale.

IPSE

My location is as shown to the left. No change.
What restrictions does your community have?