Vet with PTSD/buying firearm?

As long as he isn't forced into treatment against his will he's fine, and the VA won't do that unless he truly needs it because of the expense.

Although, it seems that currently with those coming back form the ME, there appears to be a push with certain regs to make them disqualified. Whether or not it will officially happen remains to be seen

Although, it seems that currently with those coming back form the ME, there appears to be a push with certain regs to make them disqualified.

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Really? Which "certain regs," would that be? How about some citations of those "certain regs," that support your thesis.

Merely seeking help from a mental health professional, even for PTSD through the VA, does NOT make someone a prohibited person. A diagnosis from a doctor of a mental health condition, being prescribed medicine for a mental health conditon, participating in counseling, and/or VOLUNTARILY agreeing to be committed do NOT make someone a prohibited person.

With regard to federal law, you can be treated with meds, check yourself into a mental hospital voluntarily, etc, etc, and not be a "prohibited person" under federal law.

To be a prohibited person under 18USC922(g)(4), the person must have been adjudicated a mental defective, or involuntarily committed to a mental institution.

Neither one of those is an easy task to accomplish. Therefore there is a VERY high burden the government must overcome to say a person is a prohibited person for a mental defect.

It annoys me that the lies about a PTSD diagnosis resulting in being prohibited from possessing firearms persist. Those lies discourage people from getting treatment they need to live better, fuller, more productive, and just plain happier lives. It's truly a shame that people would try to scare people from seeking medical help with such lies.

PTSD is not a disqualifying diagnosis, especially when its not only vets who suffer from it. Would you deny a rape victim a firearm for set defense based on a PTSD diagnosis?

Only with a order to be institutionalized does one become prohibited from owning firearms.

The 'regs' mentioned above are probably from the hope and change crowd who don't want trained veterans who swore an oath to support and defend the constitution to own weapons to use against all enemies, especially domestic. Its a pipe dream, though. The military has regulations for active duty members to jump through to own weapons, but those do not apply to veterans.

A few important points:

1. The burden for becoming a prohibited person under federal law due to mental issues depends on where you live. There is currently a circuit split on this issue. In some states, even a temporary involuntary hold for psychiatric evaluation is enough to make you a prohibited person - even an involuntary hold that lacks due process.

2. Currently... PTSD is not a disqualifying condition by itself. However, the VA has reported vets who were unable to manage their own financial affairs as prohibited persons to NICS on the basis that they were "adjudicated mentally defective." Since there is effectively no easy or cheap way to appeal that decision, it is hard to get off that list once you are on it.

3. In general though, being diagnosed with PTSD is not a disqualifying condition and as long as he answers the 4473 questions honestly, your friend isn't committing any crimes. If he has never been involuntarily committed or adjudicated mentally defective, he is OK under mental illness issues. If he isn't certain about that because he was temporarily held for observation and later released or had the VA managing his affairs for him, he is in a complex, gray area of law and probably needs to talk to an expert.

I suspect half of the country has some form of PTSD.

I NEVER said he should be disqualified, merely that the current POTUS thinks so and therefore folks need to be careful when they approach the VA

Certainly Diane Feinstein, who herself suffers from PTSD but won't admit it, wants all vets disqualified because they MIGHT suffer from PTSD,

Still waiting for the citations for those "certain regs."

However, the VA has reported vets who were unable to manage their own financial affairs as prohibited persons to NICS on the basis that they were "adjudicated mentally defective." Since there is effectively no easy or cheap way to appeal that decision, it is hard to get off that list once you are on it.

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Yes, if you are so mentally handicapped that the VA has to appoint a representative payee to manage your money for you, then you have been "adjudicated a mental defective." However, it's wrong to say there isn't a good mechanism to change that if your mental health improves.

In fact the NICS Improvement Act of 2007 requires that all federal agencies (including the VA), that have the authority to declare someone a mental defective for the purposes of 18USC922(g)(4), establish a program for those people to apply for relief from their firearms disability.

See page 5 of this link:
http://www.gpo.gov/fdsys/pkg/PLAW-110publ180/pdf/PLAW-110publ180.pdf

Merely seeking help from a mental health professional, even for PTSD through the VA, does NOT make someone a prohibited person. A diagnosis from a doctor of a mental health condition, being prescribed medicine for a mental health conditon, participating in counseling, and/or VOLUNTARILY agreeing to be committed do NOT make someone a prohibited person.

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While this is true in most states, in Illinois a voluntary commitment for mental illness is enough to get your FOID revoked for five years.

In fact the NICS Improvement Act of 2007 requires that all federal agencies (including the VA), that have the authority to declare someone a mental defective for the purposes of 18USC922(g)(4), establish a program for those people to apply for relief from their firearms disability.

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That's an improvement over the pre-2007 situation; but a long ways from ideal. If someone is having such a rough time that the VA had to manage their financial affairs, expecting them to get a lawyer and go through a highly regulatory bureaucratic process in order to regain their rights once they are better is asking them to make a big leap.

IMO, a better practice would be not to put them into NICS unless there has been a finding that the adjudicated mentally defective included a "dangerous to themselves or others" and that they had an adversarial hearing with the opportunity to be represented by counsel prior to such a finding.

At the State level, the 2007 Act has been less helpful since rather than establish the required appeals process, many states chose to just not receive the federal grants. So not only are real prohibited persons not getting entered into NICS in those states; but people who are erroneously on the list are stuck. Sen. Graham's proposed S.480 bill fixed a lot of these problems but got tied into the broader and worse Schumer-Toomey-Manchin bill that killed it.

Right on in IL, Bubbles; thankfully only a hitch if you are in IL.....so far.

Vern Humphrey said:

Certainly Diane Feinstein, who herself suffers from PTSD but won't admit it, wants all vets disqualified because they MIGHT suffer from PTSD,

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I think some politicians need to take a mental health background check before being qualified to run for office and need periodic checks to remain in office. Particularly those from the East Coast, West Coast and around Chicago.

f someone is having such a rough time that the VA had to manage their financial affairs, expecting them to get a lawyer and go through a highly regulatory bureaucratic process in order to regain their rights once they are better is asking them to make a big leap.

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Sorry, but I'll have to disagree with you there. First off, the VA isn't managing anyone's money. They allow the person to appoint a relative or friend to manage their money. Second, if someone is so mentally incompetent they can't manage their personal finances, then they fit the definition of a "mental defective" under the law.

Finally, if their mental health improves enough that they can manage their personal affairs, including personal finances, it's not all that difficult to apply for relief from disabilities. It merely requires a written request to the VA.

http://www.benefits.va.gov/fiduciary/beneficiary.asp

First, I'd note that the VA finding that you can't manage your own finances doesn't impair your right to vote or even your right to enter contracts - but it takes away your right to bear arms unless you appeal the decision within the allotted time period - that means an administrative hearing. If you fail to do this and the decision becomes final then in the VA's own words:

"You may apply to VA for relief of firearms prohibitions imposed by the law by submitting your request to the VA. The VA will determine whether such relief is warranted."

I don't consider that adequate protection for a fundamental right expressly named in the Bill of Rights. Especially when there doesn't even have to be any proof you are a danger to anyone - "We think you are managing your money poorly. No 2A for you!" That's nonsense. There must be a higher burden than that.

Bartholomew Roberts said:

I don't consider that adequate protection for a fundamental right expressly named in the Bill of Rights. Especially when there doesn't even have to be any proof you are a danger to anyone - "We think you are managing your money poorly. No 2A for you!" That's nonsense. There must be a higher burden than that.

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Come on! Don't you trust the VA to make the right decision? This is the federal government we're talking about. What could possibly go wrong?[/sarcasm]