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AR15.COM
5/11/2008 7:30:30 PM EDT
A friend of mine got released from active duty recently, and has his VA exam scheduled.

He is plannning on claiming PTSD, but I made the comment that it might disqualify him for firearm ownership.

Am I correct in this?  I thought that is what happened to the NICS system after VA tech and the NIU shootings.

Any help is appreciated.
5/11/2008 11:50:06 PM EDT
[#1]
This did happen in the past, however both the rules and the LAWS have changed on this...
5/12/2008 4:37:45 PM EDT
[#2]
And what would those changes be?
5/12/2008 4:50:20 PM EDT
[#3]
Could backfire on him in the long run.

KOO KOO..... For life.
The Dems will be coming into power and they will change the rules on
for vets with PTSD .


If he has PTSD tell him to go to the  Vet center usally close by the VA...
Good counseling.

But tell him to be sure and complain about everything else and to keep
his appointments.

Good luck
5/12/2008 11:16:38 PM EDT
[#4]

Quoted:
And what would those changes be?


See...


NICS Improvement Act of 2007
5/13/2008 6:40:59 PM EDT
[#5]
Has he been diagnosed with PTSD?  Or just planning on 'claiming' it for a monthly check or front of the line for VA health care?

Not a slam on your buddy, just wondering.


5/13/2008 11:57:13 PM EDT
[#6]
I thought that you can only be barred from purchase if you have been adjudicated mentally defective, or involuntarily commited!?
5/14/2008 12:05:37 AM EDT
[#7]

Quoted:
I thought that you can only be barred from purchase if you have been adjudicated mentally defective, or involuntarily commited!?



See the link above.  Thanks to our wonderful US Congrassholes, this is a realistic fear for the OP's friend.  I personally would never complain about any sort of "mental illness" to a physician because I know that sooner or later, it would result in the loss of my rights.  I think this bill is going to set the precedent by which it will be justified that anybody diagnosed with depression, etc can no longer own firearms.
5/14/2008 11:31:50 AM EDT
[#8]
He has to be ajdudicated mentaly ill by a court of law. A doctors diagnosis of PTSD is not enough to get him on the ban list. PTSD is nothing to play around with. If he really thinks he has it, he needs to seek help if it is bad enough. Most of us returning from a combat zone have it to one degree or another.
5/16/2008 10:47:39 PM EDT
[#9]

Quoted:
I thought that you can only be barred from purchase if you have been adjudicated mentally defective, or involuntarily commited!?


Well, the law is a twisted law. The problem is who has the legal authority to adjudicate someone a mental defective. 80,000 vets that were diagnosed with PTSD were place on the banned list during the Clinton administration. And I believe the inaccurately named NICS Improvement Act opens the door giving doctors the authority to adjudicate someone a mental defective. Others disagree with that. Only time will tell.
5/17/2008 6:24:00 AM EDT
[#10]
What banned list under the Clinton administration are you talking about? Never heard of a single case of a vet with PTSD being denied ownership of a gun.
5/17/2008 5:27:00 PM EDT
[#11]

Quoted:
What banned list under the Clinton administration are you talking about? Never heard of a single case of a vet with PTSD being denied ownership of a gun.


"In 2000, President Clinton added between 80,000 - 90,000 names of military veterans -- who were suffering from Post Traumatic Stress (PTS) -- into the NICS background check system. These were vets who were having nightmares; they had the shakes. So Clinton disqualified them from buying or owning guns."

http://www.gunowners.org/a061807.htm

"Senate Democrats should guarantee that this legislation protects and enhances due process," Taff said. He noted that 83,000 veterans' names were added to the NICS database arbitrarily during the Clinton administration -- "and that must be corrected. They have found themselves disqualified from enjoying a constitutionally-protected civil right that they fought to defend."

http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200710/CUL20071005b.html

"LaPierre said the Clinton administration put about 80,000 such veterans into the background check system."

http://www.infowars.com/articles/2nd_amendment/va_tech_gun_bill_nra_dems_team_up_to_pass.htm

They were add to NICS. Whether every one of them that has tried to purchase a firearm has failed the NICS check I don't know.
5/18/2008 3:45:24 AM EDT
[#12]
Thanks.
5/18/2008 8:57:01 PM EDT
[#13]
I have OCD and am not a prohibited possessor or purchaser, I doubt it would be different for your friend. To my knowledge, A COURT HAS TO FIND HIM MENTALLY DEFECTIVE.
5/18/2008 9:07:09 PM EDT
[#14]
Alright, I just waded through that pond of shit...

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.


______________________________________________________________-------

Copied from some asswipe anti-gun site:

Federal law renders certain mentally ill persons ineligible to possess firearms.  Under federal law, it is illegal for a person who "has been adjudicated as a mental defective or who has been committed to a mental institution" to possess a firearm. 118 U.S.C. § 922(g).  ATF regulations (see 27 CFR 178.11) define "adjudicated as a mental defective" to mean:

(a)  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.

(b)  The 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 pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

_____________________________________________-------------------



Section B obviously does not apply to your friend.


Unless he plans on going into LE work (probably not even then), he probably won't have any problems.
5/18/2008 9:34:44 PM EDT
[#15]

Quoted:
Alright, I just waded through that pond of shit...

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.


______________________________________________________________-------

Copied from some asswipe anti-gun site:

Federal law renders certain mentally ill persons ineligible to possess firearms.  Under federal law, it is illegal for a person who "has been adjudicated as a mental defective or who has been committed to a mental institution" to possess a firearm. 118 U.S.C. § 922(g).  ATF regulations (see 27 CFR 178.11) define "adjudicated as a mental defective" to mean:

(a)  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.

(b)  The 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 pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

_____________________________________________-------------------



Section B obviously does not apply to your friend.


Unless he plans on going into LE work (probably not even then), he probably won't have any problems.



And here is the protection your friend has under the law:

From frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ180.pdf

(c) STANDARD FOR ADJUDICATIONS AND COMMITMENTS RELATED
TO MENTAL HEALTH.—
(1) IN GENERAL.—No department or agency of the Federal
Government may provide to the Attorney General any record
of an adjudication related to the mental health of a person
or any commitment of a person to a mental institution if—

(A) the adjudication or commitment, respectively, has
been set aside or expunged, or the person has otherwise
been fully released or discharged from all mandatory treatment,
supervision, or monitoring;
(B) the person has been found by a court, board,
commission, or other lawful authority to no longer suffer
from the mental health condition that was the basis of
the adjudication or commitment, respectively, or has otherwise
been found to be rehabilitated through any procedure
available under law; or
(C) the adjudication or commitment, respectively, is
based solely on a medical finding of disability, without
an opportunity for a hearing by a court, board, commission,
or other lawful authority, and the person has not been
adjudicated as a mental defective consistent with section
922(g)(4) of title 18, United States Code,
except that
nothing in this section or any other provision of law shall
prevent a Federal department or agency from providing
to the Attorney General any record demonstrating that
a person 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.


Even if a doctor, acting alone, was able to make that kind of determination, there is a due process hearing requirement.


More from frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ180.pdf

(3) NOTICE REQUIREMENT.—Effective 30 days after the date
of enactment of this Act, any Federal department or agency
that conducts proceedings to adjudicate a person as a mental
defective under 922(d)(4) or 922(g)(4) of title 18, United States
Code, shall provide both oral and written notice to the individual
at the commencement of the adjudication process
including—
(A) notice that should the agency adjudicate the person
as a mental defective, or should the person be committed
to a mental institution, such adjudication, when final, or
such commitment, will prohibit the individual from purchasing,
possessing, receiving, shipping or transporting a
firearm or ammunition under section 922(d)(4) or section
922(g)(4) of title 18, United States Code;
(B) information about the penalties imposed for unlawful
possession, receipt, shipment or transportation of a
firearm under section 924(a)(2) of title 18, United States
Code; and
(C) information about the availability of relief from
the disabilities imposed by Federal laws with respect to
the acquisition, receipt, transfer, shipment, transportation,
or possession of firearms.
5/22/2008 2:23:09 PM EDT
[#16]

Quoted:

Quoted:
What banned list under the Clinton administration are you talking about? Never heard of a single case of a vet with PTSD being denied ownership of a gun.


"In 2000, President Clinton added between 80,000 - 90,000 names of military veterans -- who were suffering from Post Traumatic Stress (PTS) -- into the NICS background check system. These were vets who were having nightmares; they had the shakes. So Clinton disqualified them from buying or owning guns."

http://www.gunowners.org/a061807.htm



http://www.cnsnews.com/ViewCulture.asp?Page=/Culture/archive/200710/CUL20071005b.html

"LaPierre said the Clinton administration put about 80,000 such veterans into the background check system."

http://www.infowars.com/articles/2nd_amendment/va_tech_gun_bill_nra_dems_team_up_to_pass.htm

They were add to NICS. Whether every one of them that has tried to purchase a firearm has failed the NICS check I don't know.


 What the Klinton administration did  was , even back then , completely lawless.
The new law provides additional , very detailed protective procedures to guard against that kind of abuse.
  I personally know 2 people who are VA rated at 70% ( paid at 100%) who have CCW's  AND  Federal C&R FFL's..  Both were rated prior to 2000 and both have been NCIS checked repeatedly. Both have renewed thier C&R  AND  thier CCW at least once.

 Again--what the Clintons did was completely wrong and lawless.  
 And ( not but ).
 There was more to it than just a PTSD diagnosis: Part of the criteria was that a specific person was officially recognised to manage the veteran's financial affairs.
 That was the key. Many of the folks effected by the Klintons had Altheimer's or geriatric dementia in addition to other issues.
 GOA didn't tell you that. The NRA did a great job at hijacking that new law right out from under the gun-grabbers.
 I thank your friend for his/her service.
PTSD is a treatable occupational hazard , treatable as a broken bone,--  the VA does fairly well these days--
it sucked out loud during the Clinton era.

Hope this helps.
5/22/2008 2:31:19 PM EDT
[#17]
tag
5/22/2008 3:05:16 PM EDT
[#18]

Quoted:
I have OCD  


You wouldn't been interested in doing some gun cleaning or reloading would you?
5/22/2008 6:20:27 PM EDT
[#19]

Quoted:

Quoted:
I have OCD  


You wouldn't been interested in doing some gun cleaning or reloading would you?
LOL, sure!

You'd have to teach me how to use reloading machinery though.
5/28/2008 7:29:04 PM EDT
[#20]
check this active thread:

Info on the VA and PTSD

Should help answer some questions about PTSD and the VA
6/3/2008 4:55:14 PM EDT
[#21]
     
  Let's put this to bed. Here are the facts. The VA will not , can not , take your guns away just cuz you have a little PTSD and seek treatment.


Quoted:

Quoted:
Alright, I just waded through that pond of shit...

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.


______________________________________________________________-------

Copied from some asswipe anti-gun site:

Federal law renders certain mentally ill persons ineligible to possess firearms.  Under federal law, it is illegal for a person who "has been adjudicated as a mental defective or who has been committed to a mental institution" to possess a firearm. 118 U.S.C. § 922(g).  ATF regulations (see 27 CFR 178.11) define "adjudicated as a mental defective" to mean:

(a)  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.

(b)  The 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 pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.

_____________________________________________-------------------



Section B obviously does not apply to your friend.


Unless he plans on going into LE work (probably not even then), he probably won't have any problems.



And here is the protection your friend has under the law:

From frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ180.pdf

(c) STANDARD FOR ADJUDICATIONS AND COMMITMENTS RELATED
TO MENTAL HEALTH.—
(1) IN GENERAL.—No department or agency of the Federal
Government may provide to the Attorney General any record
of an adjudication related to the mental health of a person
or any commitment of a person to a mental institution if—

(A) the adjudication or commitment, respectively, has
been set aside or expunged, or the person has otherwise
been fully released or discharged from all mandatory treatment,
supervision, or monitoring;
(B) the person has been found by a court, board,
commission, or other lawful authority to no longer suffer
from the mental health condition that was the basis of
the adjudication or commitment, respectively, or has otherwise
been found to be rehabilitated through any procedure
available under law; or
(C) the adjudication or commitment, respectively, is
based solely on a medical finding of disability, without
an opportunity for a hearing by a court, board, commission,
or other lawful authority, and the person has not been
adjudicated as a mental defective consistent with section
922(g)(4) of title 18, United States Code,
except that
nothing in this section or any other provision of law shall
prevent a Federal department or agency from providing
to the Attorney General any record demonstrating that
a person 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.


Even if a doctor, acting alone, was able to make that kind of determination, there is a due process hearing requirement.


More from frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ180.pdf

(3) NOTICE REQUIREMENT.—Effective 30 days after the date
of enactment of this Act, any Federal department or agency
that conducts proceedings to adjudicate a person as a mental
defective under 922(d)(4) or 922(g)(4) of title 18, United States
Code, shall provide both oral and written notice to the individual
at the commencement of the adjudication process
including—
(A) notice that should the agency adjudicate the person
as a mental defective, or should the person be committed
to a mental institution, such adjudication, when final, or
such commitment, will prohibit the individual from purchasing,
possessing, receiving, shipping or transporting a
firearm or ammunition under section 922(d)(4) or section
922(g)(4) of title 18, United States Code;
(B) information about the penalties imposed for unlawful
possession, receipt, shipment or transportation of a
firearm under section 924(a)(2) of title 18, United States
Code; and
(C) information about the availability of relief from
the disabilities imposed by Federal laws with respect to
the acquisition, receipt, transfer, shipment, transportation,
or possession of firearms.