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Suffolk county permit with history of antidepressants


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45 replies to this topic

#41 Nordon

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Posted July 21 2020 - 02:25 PM

In all reality, every county should be using the standard NY State forms, like they do with the DMV, why is it any different for NY STATE Pistol License and the “fingerprint” form, that adds 6 months to the process, which is probably why applicants have to fill out both, NY State and County license, they call the Fingerprint Form, or vice versa.  Would Suffolk County be permitted to have their own Drivers license form, that asked about family members mental health and your Rx medications ?  

 

https://www.troopers...earms/PPB-3.pdf


Edited by Nordon, July 21 2020 - 02:38 PM.


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#42 only7rounds

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Posted July 21 2020 - 08:12 PM

The problem is this:

 

The Case Law is quite clear that the licensing Officer has almost unlimited discretion.

The only way you beat that is to establish that something is arbitrary and capricious. Very hard to do



#43 sparks25

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Posted July 22 2020 - 07:19 PM

When I asked my orthopedic back surgeon for a letter about the gun license for Valium and the gun license, he said he was filing an ethics violation against NCPD for even expecting him to write it outside of his training. Don’t know if he ever did.
I just got a different MD to write it. Nassau county though.
Does every police officer in Nassau and Suffolk have to get a note from their MD for pain meds and muscle relaxers?
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#44 packetloss

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Posted July 23 2020 - 12:01 PM

I remember that thread and your post.  It really is unethical of NCPD to require such a note.   I guess I shouldn't be shocked, but for some reason I am.  Even the NY State application doesn't ask that question, they keep it specific to what is relevant to the application:

Are you an unlawful user of or addicted to any controlled substance as defined in section 21 U.S.C. 802?

 

I'm ok with that question, but the Nassau application is unethical.  They might as well put Physics questions on there and use that as a reason to deny permits.


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#45 Milt Grunwald Esq.

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Posted July 31 2020 - 09:25 PM

The failure to disclose information requested is often worse than answering the question; and, often good cause to deny your application.

If you take a controlled substance prescribed by a doctor you must disclose it.  A doctor will have to confirm that taking that medication as prescribed, in their professional medical opinion, should not prohibit you from using or possessing a handgun .    

 

And, it is true that not all doctors are willing to say that in writing for fear of being sued in the event the Licensee uses that weapon against another or himself.



#46 packetloss

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Posted August 02 2020 - 10:57 PM

The failure to disclose information requested is often worse than answering the question; and, often good cause to deny your application.

If you take a controlled substance prescribed by a doctor you must disclose it.  A doctor will have to confirm that taking that medication as prescribed, in their professional medical opinion, should not prohibit you from using or possessing a handgun .    

 

And, it is true that not all doctors are willing to say that in writing for fear of being sued in the event the Licensee uses that weapon against another or himself.

 

The problem is, not all doctors that prescribe controlled substances are psychiatrists. Thus they are not any more qualified to make such an assessment than a librarian.  It is simply unprofessional and unethical to put them in that position.  I think a better question is, why does the police department think their answer to the question carries any meaning at all if they are not a psychiatrist and the controlled substance was prescribed as part of treating a physical ailment?  






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