Hello,You may not be able to get a carry permit if the state knows you are in therapy, but you still have your gun rights. You would lose the right to own a gun if you were at any point involuntarily committed to a mental institution, if it has been judicially determined that you are disabled as a result of your mental health condition, if you've been adjudicated a mental defective or if the court has had to appoint a conservator for you as a result of mental illness.If none of the above apply, the fact that you have depression and it is controlled lawfully by prescribed medication should not cost you your gun rights. If any of the above does apply however, it would bar you under Federal as well as state law. Moving to Virginia wouldn't change the picture. Federal law trumps state law everywhere in the country.
So, just to clarify, I WONT have to give up the guns I own currently if I get treated for depression via either a therapist or perscription medication, but I wont get a carry permit, correct?
Also, can you please define the word adjudicated? Is that a legal desicion made by a Judge in a state/federal court of law, or is that something a doctor can deceide to do just on a whim? Say I go to a doctor, and he deceides that I am depressed, but I disagree. Can he make the desicion to "adjudicate" that I am mentally defective or is there some sort of legal process through the courts?
Also, if I am diagnosed as having depression and start taking a perscription medication, do I lose any legal rights, such as the right to vote in elections? Would I be considered legally mentally ill? Would any of this show up on background checks for jobs, or visa applications to foreign countries?
Thank you !
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).