Help with application quistion pertaining to alchohol

[zacb]

I am applying for a concealed carry permit in Greene County NY. 6 years ago i voluntarily went to alchohol rehab. Is this giong to show on backround check. What is best course of action

 

[zacb]

Excuse the spelling. Typing on stupid phone

 

[NavyLCDR]

What are the exact questions on the application causing concern?

 

[bofh]

What are the exact questions on the application causing concern?

I guess that would be: "HAVE YOU EVER UNDERGONE TREATMENT FOR ALCOHOLISM OR DRUG USE?" See Link Removed.

I am applying for a concealed carry permit in Greene County NY. 6 years ago i voluntarily went to alchohol rehab. Is this giong to show on backround check. What is best course of action

Treatment for alcoholism would normally not show up on a criminal background check, as voluntarily seeking treatment for alcoholism is not a crime. However, your state doesn't care much about your constitutional rights, so it may very well show up in the background investigation for obtaining a concealed carry permit and it may very well prohibit you from obtaining it. Lying on the form will certainly prohibit you.

My advise, get a lawyer. If money for a lawyer is a problem, then file the application first and appeal if it is denied, possibly with the help of a lawyer.

PS: I am assuming that you do not already have a permit for possession of a handgun.

 

[NavyLCDR]

file the application first and appeal if it is denied, possibly with the help of a lawyer.

PS: I am assuming that you do not already have a permit for possession of a handgun.

That would be what I would do. Answer the question truthfully and then if denied, appeal it. Hiring a lawyer first won't be much good because typically the plaintiff must have already suffered a wrong which they are attempting to make right in order to have standing in court. Unless the plaintiff really wanted to pursue a ruling that even asking the question is wrong - which I don't think would get much traction in the New York court system.

 

[zacb]

Thank you for the advice. Honest approach it is.

 

[NavyLCDR]

Which is a good choice, because if the Sheriff can prove that you knowingly lied on the application, you pretty much have no defense to appeal a denial.

 

[JJaggar]

Well you are applying in NY and NY is a very non gun friendly state so their background or rules for obtaining a CHP may very well be different from shall issue states. To answer your question from the point of a shall issue state, no anything admission done voluntary, by your own volition will not bar you from obtaining your permit. Only an involuntary admission, anything where a judge would sign off on/court ordered would bar you.