• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

legal question about guns and mental health issues..

Miracle

Regular Member
Joined
Dec 2, 2008
Messages
48
Location
Dallas, , USA
I have a question and I thought you folks might have a good answer..

Due to a family situation recently it was told to me that Veterans with diagnosed post traumatic stress disorder can still purchase guns and that the if someone is treated at the VA their mental health records are not looked at when a license is applied for.

Can this possibly be true? Are veterans excluded from having to be mentally fit when purchasing a gun or applying for a license?

Please let me know if I need to clarify my question. It is possible the information I was given is incorrect or partially misunderstood, so I wanted to ask in a place where people are in the know!
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
PTSD, in and of itself, is not and should not be a disqualifier.

As I understand it, one must be adjudicated as mentally defective--or committed to a mental institution--to stop him from possessing. A diagnosis is not sufficient. And medical records, VA or no, are not subject to third-party inspection without a court order.
 
Last edited:

RazrRebel

New member
Joined
Jan 12, 2011
Messages
3
Location
Hurley, Virginia
Check drawers?

How about people that the court has found mentally incapable of working. I really don't know what the term is but around where I live they call it a crazy check. It's SSI I think. I wonder, because I know alot of people on a crazy check, that is perfectly able to work. They just know which doctors and lawyers to go too to get set up. I think that if they're to crazy to work then they shouldn't be able to possess a weapon, or drive a car. I know a few that has a CHP.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
How about people that the court has found mentally incapable of working. I really don't know what the term is but around where I live they call it a crazy check. It's SSI I think. I wonder, because I know alot of people on a crazy check, that is perfectly able to work. They just know which doctors and lawyers to go too to get set up. I think that if they're to crazy to work then they shouldn't be able to possess a weapon, or drive a car. I know a few that has a CHP.

Courts do not determine that someone is due an SSI check, except in the rare instances that the SSA denies a claim, the claimant sues, and the claimant wins. In those cases, the court is not ruling on the person's sanity, just their ability to work at a job.
 

RussP

Regular Member
Joined
Sep 2, 2006
Messages
393
Location
Central Virginia
Your VA medical records, as said before, are not viewable by third parties without a court order.

Form 4473 Question 11.f. asks "Have you ever been adjudicated mentally defective...OR have you ever been committed to a mental institution.

There is no question about diagnoses.

Here is a link to Form 4473 in pdf format. http://www.atf.gov/forms/download/atf-f-4473.pdf

Scroll down to the instructions for Question 11.f. on page 4. Read the Exception to 11.f. which directly addresses the VA situation.

Hope this helps.
 
Last edited:

OldCurlyWolf

Regular Member
Joined
Sep 8, 2010
Messages
907
Location
Oklahoma
PTSD, in and of itself, is not and should not be a disqualifier.

As I understand it, one must be adjudicated as mentally defective--or committed to a mental institution--to stop him from possessing. A diagnosis is not sufficient. And medical records, VA or no, are not subject to third-party inspection without a court order.

Someone needs to inform some law enforcement about that. I believe that a fellow in AR had his CCL pulled because of a VA report without any adjudication.

:mad:
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Someone needs to inform some law enforcement about that. I believe that a fellow in AR had his CCL pulled because of a VA report without any adjudication.

:mad:

Link?

Also, I was speaking of federal law. If AR has a unique State law regarding the issuance of permits that allowed the invasion of medical records, then AR would need a correction in its law.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
The Federal form has been posted, and the answer is that unless someone is involuntarily committed or adjudicated mentally incompetent they still have all their rights.

Some states, however, are more restrictive, esp. in issuing their permits for the priviledges of keeping & bearing arms. But to the best of my knowledge there's no way to check medical records without a court order, which would be expensive, time-consuming, & probably quite a fight to get if the judge has any respect for the law.

I hope that eventually there will be a national rights-affirmation and every state & territory will have to recognize RKBA, just like Alaska, Arizona, & Vermont do now.
 
Top