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Returning Vets and Purchases

Discussion in 'Legal' started by LubeckTech, Nov 22, 2012.

  1. LubeckTech

    LubeckTech Well-Known Member

    My stepson just Med Boarded out of the Army. He has a knee problem and has been diagnosed with depression and PTSD. This summer he was in Afganistan and was knocked about 15ft. by the blast we all heard about involving a suicide bomber making it on to (or closer than he should have been) a US military installation. He suffered a mild concussion and was hospitalized briefly and currently takes medication for headaches as a result of this. Would he be likley to have a problem with a ATF instant check??
    I ask because I have read things about problems with firearms sales and vets who have head injuries but don't if there is anything true about vets that have been treated for concussions being denied on gun purchases.
  2. alsaqr

    alsaqr Well-Known Member

  3. NavyLCDR

    NavyLCDR member


    Although I suppose that would depend upon the subjective definition of "likely".
    Last edited: Nov 22, 2012
  4. mljdeckard

    mljdeckard Well-Known Member

    Not based on the details you have provided. As long as he was discharged honorably, he wasn't told by a court he is insane, and he isn't using any drugs illegally.
  5. NavyLCDR

    NavyLCDR member

    Everyone needs to remember that there is a huge difference between being denied by NICS and being prohibited from possessing/purchasing firearms. It happens every day that people who are not prohibited from possessing/purchasing firearms are denied by NICS. The VA is also an agency of the Federal government....
  6. mljdeckard

    mljdeckard Well-Known Member

    But is there anything in the details provided that would fail a NICS check or prohibit posession? I'm fully aware there is likely more to the story than this, but last week I accompanied a freiend of mine to make a purcnase, he has all of the details described above and then some, yet still holds a TS clearance and works in the field.
  7. NavyLCDR

    NavyLCDR member

    It all depends on what the VA reports to NICS. Easy way to tell if there will be a problem is to go buy a gun!
  8. alsaqr

    alsaqr Well-Known Member

    The VA can only report a veteran to the US Justice Dep't if that veteran has been found to be mentally incompetent by a court, board or commission, etc: A simple diagnosis of mental incompetence will not fly. i personally know numerous veterans who suffer from TBI and/or PTSD who legally purchase guns.

    From the NICS Improvement Act of 2007 (Bold Mine):


    Last edited: Nov 22, 2012
  9. Ehtereon11B

    Ehtereon11B internet infantryman

    No. I have almost same experiences as your father. Except I'm still in and mine were mortars. PTSD and depression are not disqualifiers from owning firearms, otherwise mine would all be gone. As long as any treatment he goes through for the PTSD/depression are not court ordered, he is well in the clear.
  10. Shadow 7D

    Shadow 7D Well-Known Member

    and who wrote what to whom
    technically it takes a court to remove the right, but the issue is board and commission
    until you dig in, it's not clear, BUT, unless he was med-boarded for being a danger to self and/or others
    (um, helped on that one, and uh, they WERE trying to ship him from active duty to a locked VA psych facility, funny was, the VA said stop pissing him off and let him out of the army already...)

    Most likely, no, as it would involved pushing paperwork to the FBI,
    So. I'd say take him out to buy a gun.
  11. Tim the student

    Tim the student Well-Known Member

    No. Not unless there is a lot more to the story.

    I have a TBI. I also have PTSD. (I have knee problems too :D) The VA knows this.

    I buy guns with no issues, and have a carry permit, as well as a C&R.
  12. NavyLCDR

    NavyLCDR member


    The VA is not an organization known for protecting veterans rights to bear firearms. Still, the easy answer remains to buy a gun from an FFL...
  13. mljdeckard

    mljdeckard Well-Known Member

    But does that not put the buyer at risk if they state something on the 4473 that is contradicted by the report that is returned? I would never tell someone to go attempt a purchase to find out if they are a prohibited person.
  14. bikemutt

    bikemutt Well-Known Member

    I believe what could put the transferee at risk is if they knowingly lie on form 4473. Since these are yes/no questions, truthfully not knowing the answer, and having no practical way to determine the answer using other means, I don't think answering no would be considered lying.
  15. NavyLCDR

    NavyLCDR member

    It is only illegal to knowing lie on the form 4473. What NICS determines as a disqualifying factor may in no way disqualify the person at all. That is why there is an appeal process.
  16. USAF_Vet

    USAF_Vet Well-Known Member

    Something similar happened to me in Iraq (blown out of a Humvee, mild concussion and some spinal disc damage). As a result, I have chronic migraines and PTSD. I have meds for the migraines, and counseling for the PTSD. I have had no problems buying guns, or getting my CPL.

    I've not been adjudicated mentally insane/ incompetent, so I have not had my rights to own a gun removed. As long as the case for your step-son is similar, he should not have any issues. FWIW, I've bought all my guns after my discharge from the service.
  17. Spats McGee

    Spats McGee Moderator

    On the issue of PTSD and the issue of "committed to a mental institution," one relevant inquiry is whether the commitment was voluntary or involuntary:

    27 CFR 478.11

    Source: http://www.ecfr.gov/cgi-bin/text-id...iv8&view=text&node=27:
  18. USAF_Vet

    USAF_Vet Well-Known Member

    The VA hospital in Battle Creek, MI where I went for my initial evaluation is one of the State hospitals, i.e. a mental institutions. I voluntarily sought treatment at the mental hospital, but since I was not committed, voluntarily or otherwise, it did not show up on NICS. I did have to mention it on my CPL application, though.
  19. Spats McGee

    Spats McGee Moderator

    That may be, USAF Vet. State law may vary on the CPLs.
  20. Owen Sparks

    Owen Sparks member

    I know a man who was honorably discharged from the Navy because of a medical condition, mental illness. He is not allowed to own firearms yet he receives full retirement pay plus disability.

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