Can a Veteran with PTSD Own a Gun?
As a nation, we have a profound gratitude for our military veterans who serve and sacrifice to protect our freedom. However, mental health concerns, including Post-Traumatic Stress Disorder (PTSD), have been a growing concern for the veteran community. In 2016, the Center for Disease Control and Prevention (CDC) reported that an estimated 30.9% of Vietnam Veterans, 10.9% of Gulf War Era Veterans, and 22.3% of World War II Veterans suffer from PTSD.
Federal Legislation and the Right to Bear Arms
The Second Amendment to the United States Constitution guarantees the right to keep and bear arms to Americans. However, the Second Amendment does not exempt anyone from background checks, despite some arguments to the contrary. The Firearm Owners Protection Act of 1986 specifically authorizes the Attorney General to deny or revoke the rights of any person who poses a risk to themselves or others.
FAR and 18 U.S.C. § 921(a)(20) clarify that individuals who are court-martialed and convicted of a crime enumerated in 18 U.S.C. § 931(a)(20) have their rights to possess and purchase firearms revoked. Nevertheless, veterans with PTSD need not worry about the latter provision as it does not explicitly disqualify anyone from owning a firearm merely because they have PTSD.
Background Checks and Form 4473
Despite the Second Amendment guarantees and federal legislation, background checks are mandatory for gun buyers. Form 4473, Firearms Transaction Record & Notification Form, requires every prospective buyer to attest, under penalty of perjury, that they are aware of and comply with 18 U.S.C. § 922(g)-(o), which forbids anyone from knowingly allowing a convicted felon, unauthorized alien, or individual "who is adjudicated mental defective" to receive firearms.
Mental Illness and the Background Check Process
The Guns Owners’ Safety Act of 1996, also known as the federal "Gun-Free School Zones" act, established an Instant Check System (ICS) to quickly investigate whether an individual’s legal background renders them unfit for gun ownership. If during the check, an officer determines the individual’s receipt of firearms would violate laws, such as the felony or adjudication of mental instability, they will not clear the individual to own the firearm.
Disabilitations for Gun Ownership for Veterans with PTSD
Fortunately, there are measures put in place to protect veterans’ civil liberties and ensure they exercise their Second Amendment rights freely. VA Administrative Procedures (38 C.F.R. § 10.155) ensure an administrative review, allowing veterans to dispute, contest, or request reversal of adverse determinations against them. Additionally, each state may have complementary procedures in their laws for handling certain issues related to a veteran’s gun ownership right.
Discretional Powers of Local Judges
It is important for veterans with PTSD to consider the possibility of being in a position where their medical records might be partially disclosed during divorce proceedings or other court filings. This could result in their PTSD diagnosis becoming public knowledge and subsequently impact their chances of gun ownership.
As an illustration, a U.S. District Court judgment, Cockrum v. DEA, 27 F. 3d 47, 49 (9th Cir. 1994)**, held that disclosure of mental health information solely for gun ownership purposes raises serious First Amendment and Seventh Amendment concerns. Thus, local judges have a say in this matter.
Veteran-Specific Rights and Accommodations
Public Law 86-617 (62 STAT. 604, Act of Aug. 20, 1962), as amended by Public Law 105-115, Section 707, expanded the mental health coverage included in TRICARE health insurance plans. Subsequently, 21 United States Code (U.S.C.) § 246, codified as enacted, made mental health diagnoses and treatments under those plans subject to privacy confidentiality requirements. This highlights _protections from unnecessary disclosures**_ as an integral part of your health records.
Access to Firearm Possibilities
A veteran’s primary goal might be overcoming the stigma of being diagnosed with PTSD rather than sacrificing their gun-owning rights. Access to various resources can also play a crucial role, such as:
- Consultations with a therapist/psychiatrist specializing in PTSD
- Engaging in alternative stress-relieving activities
- Connecting with other veterans who share a similar experience
- Improving communication with your immediate family
- Prioritize your health and overall self-care
