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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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How would #4 be determined here? Requirements: 1. Colorado

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How would #4 be determined here?

1. Colorado resident
2. Age 21 or older
3. Not precluded by state or federal law from owning or possessing a firearm (e.g. felony conviction, mentally incompetent)
4. Does not chronically or habitually abuse alcohol
5. Is not an unlawful user of or addicted to controlled substances
6. Is not the subject of a civil or criminal restraining order
7. Complete background check, including fingerprint verification by FBI/CBI
8. Demonstrates competence with a handgun by one of the following means:
a. evidence of experience with a firearm through participation in organized shooting competitions or current military service
b. certified firearms instructor
c. honorable discharge from the Armed Forces within past three yearss
d. proof of pistol qualification in Armed Forces within past ten years, if discharged
e. retired law enforcement with pistol qualification within past ten years
f. proof of completion of a handgun training class within the past ten years
Hello there:

Generally, where the requirement is an absence of a problem, the subject is presumed to comply unless there is affirmative evidence otherwise. For example, someone with a conviction for public intoxication in their background would be required to demonstrate that they have taken corrective actions subsequent to the conviction. So your question is a legitimate one, but under ordinary circumstances the only proof required is the absence of a manifested problem.

Let me know if further clarification is needed. Thank you.
Customer: replied 4 years ago.

so no record, or court order no problem? Im only asking bc i had a problem and did a self check in, but more or less lied on the app.....thinking this was more a public record thing?

That would ordinarily be correct, but it would depend on the context. If I may ask, for what is the application?
Customer: replied 4 years ago.

alc abuse, self check in paid for by HMO. no legal issues, etc.

The only circumstance where you would likely expect it to go beyond public record would be if the person is applying for a job with law enforcement. That said, if you have a medical history of alcohol abuse on record with your health care providers, you would expect that to show up when receiving subsequent medical treatment.
Customer: replied 4 years ago.

Would that show up on a background check, what about hippa? I mean for this?

It's not that HIPAA does not generally protect your private health care information; HIPAA generally protects against the disclosure of private medical information by covered entities, but if you check into a facility that will provide alcohol treatment paid by your HMO, they normally require you to waive any right that you may have to that sort of privacy.
Customer: replied 4 years ago.

gottcha, this place at least clames they follow hippa and no info is ever released. Not sure.

So you would mainly expect to see it come up if you authorized the release of information.
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