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Thread: legal question about guns and mental health issues..

  1. #1
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    legal question about guns and mental health issues..

    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!

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    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 by eye95; 01-12-2011 at 12:54 PM.

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    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.

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    Quote Originally Posted by RazrRebel View Post
    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.

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    Regular Member RussP's Avatar
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    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 by RussP; 01-13-2011 at 08:59 AM.
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    Quote Originally Posted by eye95 View Post
    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.

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    Quote Originally Posted by OldCurlyWolf View Post
    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.

    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.

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    Regular Member MKEgal's Avatar
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    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.
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    Thanks guys! I think I get it now!

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