AOC-SP-917 Questions (Court Order Mental Health form)

Hal

New Member
Joined
Mar 12, 2019
Messages
3
Location
Weaverville NC
Rating - 0%
0   0   0
Posted on Reddit a month ago and got referred here, only now got around to creating an account and asking.

I got into some trouble when I was 16, I had been put on Actuane for five months when I had just turned 15, and it left me with some serious mood disorders. Going along through an awful next year, it eventually resulted in me seeing in-home therapists, which weren't very helpful. After an incident at school where I got into a shouting match with another student over something stupid, I went home angry, punching walls, yada yada. Threatened to kill myself, and then one of those therapists left and came back with a couple LEOs who took me to the local hospital, where I was admitted to the mental ward for a week. It was definitely a court order, took me a couple weeks of digging to get a straight answer out of anyone about it.

Fast forward to now, I'm about to turn 22, I enlisted with the Army when I was 18, got medically discharged when I was 19, and am currently waiting for the Surgeon General to ok my reenlistment.

Now to the actual question, will any of that nonsense when I was a teenager stop me from getting a handgun permit in NC after I fill out the AOC-SP-917 Form? I can't seem to find any information pertaining to pre-18 issues. I have purchased long rifles before with no issue, but I don't want to fill this permit out "just to see" if they allow it and then lose my ability to purchase firearms completely because the state declares me unfit to possess or something like that.

I was recommended to just apply for a CCH since they're a bit more rigid in their requirements than a purchase permit, and I might, if I can find out beforehand if this is going to be a nonissue.

Any insight at all would be great, thanks in advance!
 
I’d call my local Sheriff and ask.
 
Okay, standard disclaimer that I am not a lawyer, but here are the relevant statutes to your situation regarding a Concealed Handgun Permit:
§ 14-415.12. Criteria to qualify for the issuance of a permit.
(b) The sheriff shall deny a permit to an applicant who:

(1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

(2) Is under indictment or against whom a finding of probable cause exists for a felony.

(3) Has been adjudicated guilty in any court of a felony, unless: (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or (ii) the person's firearms rights have been restored pursuant to G.S. 14-415.4.

(4) Is a fugitive from justice.

(5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

(6) Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

(7) Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.


(8) Except as provided in subdivision (8a), (8b), or (8c) of this section, is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes except for a violation of G.S. 14-33(a), or a violation of a misdemeanor under G.S. 14-226.1, 4-258.1, 14-269.2, 14-269.3, 14-269.4, 14-269.6, 14-277, 14-277.1, 14-277.2, 14-283 except for a violation involving fireworks exempted under G.S. 14-414, 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9, former 14-288.12, former 14-288.13, former 14-288.14, 14-415.21(b), or 14-415.26(d) within three years prior to the date on which the application is submitted.

(8a) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3), 14-33(d), 14-277.3A, 14-318.2, 14-134.3, 50B-4.1, or former G.S. 14-277.3.

(8b) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a result of a conviction of a misdemeanor crime of domestic violence.

(8c) Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.

(9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

(10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

(11) Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted.

(c) An applicant shall not be ineligible to receive a concealed carry permit under subdivision (6) of subsection (b) of this section because of an adjudication of mental incapacity or illness or an involuntary commitment to mental health services if the individual's rights have been restored under G.S. 14-409.42. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997-441, s. 4; 2007-427, s. 5; 2008-210, s. 3(b); 2009-58, s. 1; 2010-108, s. 5; 2011-2, s. 1; 2011-183, s. 16; 2012-12, s. 2(bb); 2013-369, s. 11; 2015-195, ss. 7, 11(l), 17.)
and
§ 14-409.42. Restoration process to remove mental commitment bar.

(a) Any individual over the age of 18 may petition for the removal of the disabilities pursuant to 18 U.S.C. § 922(d)(4) and (g)(4), G.S. 14-415.3, and G.S. 14-415.12 arising out of a determination or finding required to be transmitted to the National Instant Criminal Background Check System by subdivisions (1) through (6) of subsection (a) of G.S. 14-409.43. The individual may file the petition with a district court judge upon the expiration of any current inpatient or outpatient commitment.

(b) The petition must be filed in the district court of the county where the respondent was the subject of the most recent judicial determination or finding or in the district court of the county of the petitioner's residence. The clerk of court upon receipt of the petition shall schedule a hearing using the regularly scheduled commitment court time and provide notice of the hearing to the petitioner and the attorney who represented the State in the underlying case, or that attorney's successor. Copies of the petition must be served on the director of the relevant inpatient or outpatient treatment facility and the district attorney in the petitioner's current county of residence.

(c) The burden is on the petitioner to establish by a preponderance of the evidence that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The district attorney shall present any and all relevant information to the contrary. For these purposes, the district attorney may access and use any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The applicant must sign a release for the district attorney to receive any mental health records of the applicant. This hearing shall be closed to the public, unless the court finds that the public interest would be better served by conducting the hearing in public. If the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in camera inspection of any mental health records. The court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public. The district court shall enter an order that the petitioner is or is not likely to act in a manner dangerous to public safety and that the granting of the relief would or would not be contrary to the public interest. The court shall include in its order the specific findings of fact on which it bases its decision. In making its determination, the court shall consider the circumstances regarding the firearm disabilities from which relief is sought, the petitioner's mental health and criminal history records, the petitioner's reputation, developed at a minimum through character witness statements, testimony, or other character evidence, and any changes in the petitioner's condition or circumstances since the original determination or finding relevant to the relief sought. The decision of the district court may be appealed to the superior court for a hearing de novo. After a denial by the superior court, the applicant must wait a minimum of one year before reapplying. Attorneys designated by the Attorney General shall be available to represent the State, or assist in the representation of the State, in a restoration proceeding when requested to do so by a district attorney and approved by the Attorney General. An attorney so designated shall have all the powers of the district attorney under this section.

(d) Upon a judicial determination to grant a petition under this section, the clerk of superior court in the county where the petition was granted shall forward the order to the National Instant Criminal Background Check System (NICS) for updating of the respondent's record. (2008-210, s. 2; 2013-369, s. 9; 2015-195, ss. 11(b), (m).)

There is nothing that suggests commitments under the age of 18 are not reported to NICS in statute 14-409.43 (didn't quote it to try to shorten this post a little, but it's the statute that governs what gets reported and what doesn't) so I would assume you commitment is definitely a disqualification. If you have not gone through the process described in the second quotation, then your rights have not been fully restored. I would recommend contacting an attorney in order to have your rights restored. Regarding your medical discharge, that should not be a disqualifying factor under the first statute quoted. Links to the relevant statutes: mental health and CHP guidelines
 
Happen to know any Pro-2nd Lawyers for Buncombe County? Or should I just go to any one with a decent reputation? None of the Pro-2nd lists I can find for NC have a Lawyer that works Buncombe on them.
 
I got my lawyer degree from watching tv but can't you get juvenile records sealed since all that happened when you were a minor?
 
My deceased father was an attorney... ask the Sheriff first, then get a lawyer if it turns out you encounter resistance to approval.

The Sheriff is the one who will have egg on his face if you turn out to be the next school shooter.
 
The Sheriff is the one who will have egg on his face if you turn out to be the next school shooter.

Funny, but I'm a bit old for that. Thanks for all the replies though, I'll probably go for an attorney since that'll help me with clearance issues if I'm ever given the ok to reenlist.
 
It is all up to the sheriff in your county. They all have some degree of say in all situations. I'd start with the sheriff then go to an attorney.
Funny, but I'm a bit old for that. Thanks for all the replies though, I'll probably go for an attorney since that'll help me with clearance issues if I'm ever given the ok to reenlist.
 
Last edited:
Don’t even start with the sheriff. You’re arming him with information. If the juvenile records are sealed you just gave him the no. Sheriff’s will deny for any information and then you will need a messy court procedure which the rural bastards will not obey or do their thing behind closed doors. Get an out of town lawyer to research the information then you can proceed locally.

Edit: If your medical discharge was mental health related then it will be a no.
 
Last edited:
That’s the county with Asheville? The sheriff there is probably looking for any reason to reject.


Sent from my iPhone using Tapatalk
 
You didn’t say if your medical discharge was related to mental health.

You also didn’t say if your mood disorders were resolved.

Assuming no and yes, I’d act as if it’s no big deal and apply. It’s the cheapest course of action and I don’t think it will affect a lawyers ability to address the issue for you later if that becomes necessary.

I would also suggest that if you do not live alone that you ask your cohabitants their opinion about you owning a handgun. Not picking on you, but I know a few unstable folks, and they generally believe that they are stable or that they can always control themselves.
 
Back
Top Bottom