There's lots of conflicting information out there on the internet about this issue, as it deals with "mental defect" or "diagnoses" of a mental disorder.
From what I read, the majority of internet folks out there are saying Veterans with PTSD cannot purchase, carry, or own firearms. However, my recent findings say otherwise. What is the current official consensus? It really grinds my gears that our well trained 'heros' go to war and are able to kill for our country, but seemingly cannot even practice one of the most important rights our constitution allows when they get back.
Here's the best information that I found so far (see the last paragraph about the department of Veteran Affairs- and from my understanding this allows Veterans with PTSD to carry.. depending on the severity):
Thank you for any insight.
From what I read, the majority of internet folks out there are saying Veterans with PTSD cannot purchase, carry, or own firearms. However, my recent findings say otherwise. What is the current official consensus? It really grinds my gears that our well trained 'heros' go to war and are able to kill for our country, but seemingly cannot even practice one of the most important rights our constitution allows when they get back.
Here's the best information that I found so far (see the last paragraph about the department of Veteran Affairs- and from my understanding this allows Veterans with PTSD to carry.. depending on the severity):
Thank you for any insight.
Okay, the wording on the form I copied earlier is a little different. I just downloaded the latest 4473 that was available in PDF form from atf.gov dated August 2008. You're supposed to get your paper copies in the mail, and they may be different. There is also a new e-4473 program out, but I don't know if the wording is different. I didn't install the ATF software to find out.
Have you ever been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have you ever been committed to a mental institution? (See Instructions for Question 11.f.)
Question 11.f. Adjudicated Mentally Defective: A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) is a danger to himself or to others: or (2) lacks the mental capacity to contract or manage his own affairs. This term shall include: (1) a finding of insanity by a court in a criminal case; and (2) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility.
Committed to a Mental Institution: A formal commitment of a person to mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in mental institution for observation or a voluntary admission to a mental institution. Please also refer to Question 11.e. for the definition of a prohibited person.
EXCEPTION to 11.f. NICS Improvement Amendments Act of 2007: A person who has been adjudicated as a mental defective or committed to a mental institution is not prohibited if: (1) the person was adjudicated or committed by a department or agency of the Federal Government. such as the United States Department of Veteran's Affairs ("VA") (as opposed to a State court, State board, or other lawful State authority); and (2) either: (a) the person's adjudication or commitment for mental incompetency was set-aside or expunged by the adjudicating/committing agency; (b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; or (c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication. Persons who fit this exception should answer "no" to Item 11.f. This exception does not apply to any person who was adjudicated to be not guilty by reason of insanity, or based on lack of mental responsibility, or found incompetent to stand trial, in any criminal case or under the Uniform Code of Military Justice.