Post Traumatic Stress Disorder (PTSD) is a serious mental health condition that affects a significant number of veterans.
In fact, PTSD ranks as the #6 most claimed VA disability and is the #1 most common service-connected mental health condition among veterans.
The VA provides disability compensation to veterans suffering from PTSD based on the severity of their symptoms, with ratings ranging from 0% to 100% with breaks at 10%, 30%, 50%, and 70%.
These ratings reflect the extent to which PTSD impairs a veteran’s ability to function in daily life, with higher percentages indicating more severe symptoms and greater occupational and social impairment.
However, one topic that frequently arises in discussions about VA disability ratings for PTSD is how these ratings might impact a veteran’s gun ownership rights.
In this blog post, we will explore the intersection of VA PTSD ratings and gun ownership rights, providing a clear understanding of how these two issues are connected.
Table of Contents
Summary of Key Points
- PTSD and VA Disability: PTSD is the #1 most common service-connected mental health condition among veterans, with VA disability ratings ranging from 0% to 100% based on the severity of symptoms and their impact on daily functioning.
- Gun Ownership Rights: A VA rating for PTSD does not automatically disqualify a veteran from owning or purchasing firearms. Federal law prohibits gun ownership only for those legally deemed mentally incompetent or involuntarily committed to a mental institution.
- Fiduciary Assignment: If the VA assigns a fiduciary to manage a veteran’s financial affairs due to mental incompetence, the veteran may be reported to the FBI’s National Instant Criminal Background Check System (NICS), potentially restricting their gun ownership rights.
- Challenging Restrictions: Veterans who are assigned a fiduciary and reported to NICS can challenge the decision through a competency hearing or by appealing the VA’s determination to restore their gun ownership rights.
Watch: Can I Own a Gun with a VA Rating for PTSD?
Can You Own a Gun If You Have PTSD?
Yes, you can generally own a gun if you have PTSD, but there are specific circumstances to consider.
A diagnosis of PTSD alone does not automatically disqualify you from owning or purchasing a firearm.
Under federal law, particularly the Gun Control Act of 1968, individuals are prohibited from owning or buying firearms only if they have been adjudicated as “mentally defective” or have been committed to a mental institution.
This means that unless a court or similar legal authority has declared you mentally incompetent or you have been involuntarily committed, your PTSD diagnosis by itself does not prevent you from gun ownership.
However, for veterans, if the VA assigns a fiduciary to manage your financial affairs due to mental incompetence, this may result in your name being reported to the FBI’s National Instant Criminal Background Check System (NICS), which could then restrict your ability to purchase or own firearms under federal law.
Can You Buy a Gun If You Have PTSD?
Yes, you can generally buy a gun if you have PTSD.
A PTSD diagnosis alone does not automatically disqualify you from purchasing or owning firearms under federal law.
However, if you have been legally declared mentally incompetent or have been assigned a fiduciary by the VA to manage your financial affairs due to mental health reasons, you may be prohibited from purchasing or owning firearms.
The key factor is not the PTSD diagnosis itself but whether there has been a legal determination of mental incompetence.
If there is no such determination, your PTSD diagnosis does not prevent you from buying a gun.
Gun Ownership and PTSD: What Veterans Need to Know
For many veterans, gun ownership is a significant aspect of life, whether for personal protection, hunting, or recreational shooting.
However, concerns often arise regarding how a VA rating for PTSD could affect a veteran’s ability to own or purchase firearms.
Here’s what veterans need to know:
Federal Firearm Prohibitions
Under federal law, specifically the Gun Control Act of 1968, individuals who have been adjudicated as “mentally defective” or involuntarily committed to a mental institution are prohibited from purchasing or possessing firearms. This determination is typically made by a court or a similar legal authority, not by the VA. However, veterans should be aware of the implications if they are deemed mentally incompetent by the VA.
The Brady Handgun Violence Prevention Act (Brady Act)
Enacted in 1993, the Brady Act established the National Instant Criminal Background Check System (NICS) to screen individuals attempting to purchase firearms. Veterans deemed mentally incompetent by the VA and assigned a fiduciary are reported to NICS, potentially leading to a denial of their ability to purchase firearms under federal law.
VA Fiduciary Program
The VA may assign a fiduciary to manage a veteran’s financial affairs if they are deemed unable to do so themselves due to mental health conditions, including severe PTSD. If a veteran is assigned a fiduciary, the VA must report this to the FBI’s NICS, which could result in the veteran being prohibited from purchasing or possessing firearms.
Implications of High PTSD Ratings
A high PTSD rating alone does not automatically lead to firearm prohibition. However, if the VA determines that a veteran is mentally incompetent to manage their financial affairs and assigns a fiduciary, this could trigger a reporting requirement to NICS, potentially impacting the veteran’s gun ownership rights.
Challenging a Fiduciary Determination
Veterans who believe they have been wrongly assigned a fiduciary and, therefore, wrongly reported to NICS can challenge the determination. The veteran can request a competency hearing to present evidence that they can manage their own financial affairs. If successful, this could potentially restore their gun ownership rights.
The Lautenberg Amendment
The Lautenberg Amendment, passed in 1996, prohibits individuals convicted of misdemeanor domestic violence or subject to a restraining order for domestic abuse from purchasing or possessing firearms. Veterans with PTSD involved in domestic disputes should be aware of this law, as a conviction or restraining order could impact their gun rights regardless of their VA rating or mental competency status.
State-Specific Gun Laws
While federal laws set the baseline for firearm regulations, individual states can impose stricter controls. Some states have their own versions of extreme risk laws (red flag laws) or mental health-related firearm restrictions that could affect veterans with PTSD. Veterans should be aware of their state’s specific laws, as they may impose additional requirements or restrictions beyond federal law.
The Veterans Second Amendment Protection Act
Proposed several times in Congress but not yet passed into law, the Veterans Second Amendment Protection Act aims to protect veterans from being automatically reported to NICS solely based on having a fiduciary appointed. If enacted, it would ensure that only veterans adjudicated as mentally incompetent by a judicial authority, not just assigned a fiduciary, would lose their gun rights.
Implications of NICS Reporting
It’s important for veterans to understand how the process of being reported to NICS works. If the VA determines a veteran is mentally incompetent and assigns a fiduciary, the veteran is reported to NICS, which could trigger a firearm prohibition. However, the veteran has the right to be notified of this action and the opportunity to appeal the determination before the report is finalized.
Appeals Process and Restoration of Rights
Veterans reported to NICS due to mental incompetence can petition a court to have their firearm rights restored. The court can assess whether the veteran poses a risk to themselves or others and can overturn the prohibition if deemed appropriate.
HIPAA and Privacy Concerns
Veterans might be concerned about their medical records being shared without consent. The Health Insurance Portability and Accountability Act (HIPAA) generally protects medical records from being disclosed. However, when it comes to reporting individuals who are mentally incompetent to NICS, the VA is required by law to provide this information to ensure compliance with federal firearm prohibitions.
Conclusion & Wrap-Up
The relationship between VA PTSD ratings and gun ownership rights is complex but manageable.
While a high PTSD rating alone does not disqualify a veteran from owning firearms, specific VA determinations regarding mental incompetence and the assignment of a fiduciary can lead to restrictions.
Understanding your rights and taking proactive steps can help ensure that your gun ownership rights are protected while you receive the benefits and care you deserve for your service-related PTSD.
VA Disability for PTSD and Gun Ownership: Frequently Asked Questions (FAQs)
Can I have a PTSD rating from the VA and retain my gun rights?
Yes, veterans with PTSD can typically retain their gun rights, even with a VA disability rating. Federal law does not prohibit gun ownership based solely on a mental health diagnosis like PTSD. However, if a veteran is legally declared mentally incompetent or assigned a fiduciary by the VA, they may be restricted from owning or purchasing firearms under federal law. The restriction is based on a legal determination of mental incompetence, not the PTSD diagnosis itself.
Can a veteran with PTSD buy a gun?
Yes, a veteran with PTSD can buy a gun if they have not been legally adjudicated as mentally incompetent or assigned a fiduciary by the VA due to their mental health. Simply having a PTSD diagnosis does not automatically disqualify them from purchasing or owning firearms.
Can a veteran with PTSD own a gun?
Yes, a veteran with PTSD can own a gun, provided they have not been legally declared mentally incompetent or assigned a fiduciary by the VA. A PTSD diagnosis alone does not disqualify someone from gun ownership.
Does my VA rating percentage for PTSD impact my ability to buy or own a gun?
Your VA rating percentage for PTSD does not directly impact your ability to buy or own a gun. The key factor is whether you have been legally declared mentally incompetent or assigned a fiduciary by the VA. If this does not happen, your PTSD rating alone will not prevent you from owning or purchasing a firearm. However, if you are under a legal restriction due to mental incompetence or have a fiduciary managing your VA benefits, you could be prohibited from buying or owning a gun under federal law.
Can I have a 100% VA rating for PTSD and own a gun?
Yes, you can have a 100% VA disability rating for PTSD and still own a gun, provided you have not been legally adjudicated as mentally incompetent or assigned a fiduciary by the VA due to your mental health condition. The key factor is not the disability rating itself but whether there has been a legal determination of mental incompetence. If no such determination has been made, your 100% PTSD rating does not automatically disqualify you from owning or purchasing firearms.
What happens if the VA assigns me a fiduciary?
When the VA assigns a fiduciary to manage a veteran’s benefits due to a finding of mental incompetence, it triggers a legal requirement for the VA to report this to the FBI’s National Instant Criminal Background Check System (NICS). Under federal law, specifically the Brady Handgun Violence Prevention Act (Brady Act) of 1993, individuals reported to NICS for mental incompetence are prohibited from purchasing or owning firearms. This means that if the VA determines that a veteran’s mental health condition is severe enough to prevent them from managing their financial affairs and appoints a fiduciary, this action could lead to a restriction on the veteran’s gun ownership rights.
Can I appeal if I’m deemed incompetent by the VA?
Yes, you have the right to appeal the VA’s decision if you are deemed mentally incompetent. During the appeals process, you can present evidence and arguments to challenge the decision. Successfully appealing the decision may restore your ability to buy or own a firearm.
Does having a VA fiduciary automatically mean I lose my gun rights?
Yes, if the VA assigns a fiduciary due to a finding of mental incompetence, it typically results in a loss of gun rights under federal law. However, this is specific to cases where mental incompetence is determined, not simply being assigned a fiduciary for other reasons.
Can I regain my gun rights if they were restricted due to VA incompetency determination?
Yes, it is possible to regain your gun rights if you successfully challenge the VA’s determination of incompetence. This usually involves appealing the VA’s decision or petitioning a court to restore your competency status.
What if my VA PTSD rating is reassessed or increased?
If your VA PTSD rating is reassessed or increased, it does not automatically impact your gun ownership rights unless the VA also deems you mentally incompetent and assigns a fiduciary. The key issue is not the rating itself but whether there’s a legal determination of incompetence.
Can I still work in law enforcement or security if I have a PTSD rating?
Yes, having a PTSD rating from the VA does not automatically disqualify you from working in law enforcement or security. However, each agency or employer may have its own policies regarding mental health and fitness for duty, so it’s important to check with your specific employer.
Can my VA fiduciary buy or own a gun on my behalf?
No, if you have been assigned a fiduciary due to mental incompetence, your fiduciary cannot purchase or own firearms on your behalf. Gun ownership rights are individual and cannot be transferred or delegated to a fiduciary.
Can my VA disability rating for PTSD be used to deny me a gun permit?
No, your VA disability rating for PTSD alone cannot be used to deny you a gun permit. The determining factor for gun ownership is whether you have been legally adjudicated as mentally incompetent or assigned a fiduciary by the VA due to mental health reasons. Without such a legal determination, your disability rating does not impact your ability to obtain a gun permit.
What if my PTSD symptoms worsen? Can this impact my gun ownership rights?
If your PTSD symptoms worsen but you remain mentally competent and do not require a fiduciary, your gun ownership rights are not impacted. However, if your condition deteriorates to the point where the VA or a court deems you mentally incompetent, your ability to own or purchase firearms could be restricted.
How do I know if I’ve been reported to the NICS?
If you have been assigned a fiduciary due to a VA determination of mental incompetence, you will typically receive a notification from the VA. This information is then reported to the FBI’s National Instant Criminal Background Check System (NICS), which could affect your ability to pass a background check for firearm purchases. You can check your status by contacting the NICS directly or by attempting to purchase a firearm, though the latter might result in a denial.
What should I do if I’m incorrectly reported to NICS?
If you believe you have been incorrectly reported to the FBI’s National Instant Criminal Background Check System (NICS) due to an error or misunderstanding, you should contact the VA or seek legal counsel to address the issue. You can also request a review or appeal the determination.
Can I transfer my guns to a family member if I’m deemed incompetent by the VA?
If you are deemed mentally incompetent by the VA and lose your gun ownership rights, you may need to transfer your firearms to a legally eligible family member or another trusted individual. The process for doing this can vary by state, so it’s important to consult local laws and possibly seek legal advice to ensure the transfer is done properly and lawfully.
Does a PTSD diagnosis affect my ability to get a concealed carry permit?
No, a PTSD diagnosis alone does not automatically disqualify you from obtaining a concealed carry permit. The key factors are your mental competency and whether you have been legally adjudicated as mentally incompetent or assigned a fiduciary by the VA. If you have not been deemed incompetent, your PTSD diagnosis will not prevent you from obtaining a concealed carry permit.
Are there state-specific restrictions on gun ownership for veterans with PTSD?
Yes, some states have additional restrictions on gun ownership for individuals with mental health conditions, including PTSD. While federal law is the primary governing law, it’s important to check your state’s regulations as they may impose stricter rules or additional requirements.
How can I challenge a decision that impacts my gun rights?
If the VA has deemed you mentally incompetent, resulting in a loss of gun rights, you can challenge the decision by filing an appeal with the VA. Additionally, you may seek legal counsel to petition a court to restore your competency status, which could help in regaining your gun rights.
What should I do if I’m denied a firearm purchase due to my VA status?
If you’re denied a firearm purchase because of a VA determination of mental incompetence, you can appeal the decision. You should contact the NICS or the agency that processed your denial to understand the specific reason for the denial and what steps you need to take to appeal.
Does the VA automatically review my competency, or does something trigger it?
The VA generally reviews competency if there are concerns about your ability to manage your financial affairs, often indicated by your treating physician or through your VA disability claims. It’s not an automatic process but is triggered by specific observations or reports concerning your mental health.
What are extreme risk laws?
Extreme Risk laws, often referred to as “red flag” laws, enable law enforcement and, in many states, certain family members or individuals close to a person to petition a court to temporarily remove firearms from someone who is at serious risk of harming themselves or others. If the court grants the order, the person is also prohibited from purchasing new firearms for the duration of the order. These laws are designed to intervene in potentially dangerous situations, especially when there are clear indicators that an individual may pose a threat to themselves or others.
21 States with Active Extreme Risk Laws
Extreme risk laws enable quick intervention when there is a serious risk of harm, potentially saving lives by temporarily removing firearms from individuals who pose a danger.
21 states have adopted extreme risk laws:
- California – Allows law enforcement, family members, employers, coworkers, teachers, roommates, and people with a child in common or in a dating relationship to petition.
- Colorado – Petitions can be filed by law enforcement, family/household members, certain medical professionals, and certain educators.
- Connecticut – Law enforcement, family/household members, and medical professionals can petition.
- Delaware – Law enforcement and family members can petition.
- Florida – Only law enforcement can petition.
- Hawaii – Allows law enforcement, family/household members, medical professionals, educators, and colleagues to petition.
- Illinois – Law enforcement and family members can petition.
- Indiana – Only law enforcement can petition.
- Maryland – Law enforcement, family members, doctors, and mental health professionals can petition.
- Massachusetts – Family/household members, gun licensing authorities, certain law enforcement, certain healthcare providers, and school principals/administrators can petition.
- Michigan – Law enforcement, family/household members, and certain healthcare providers can petition.
- Minnesota – Law enforcement and family members can petition.
- Nevada – Law enforcement and family/household members can petition.
- New Jersey – Law enforcement and family/household members can petition.
- New Mexico – Only law enforcement can petition.
- New York – Law enforcement, district attorneys, family/household members, school administrators, and certain medical professionals can petition.
- Oregon – Law enforcement and family/household members can petition.
- Rhode Island – Only law enforcement can petition.
- Vermont – State attorneys, the Office of the Attorney General, and family/household members can petition.
- Virginia – Law enforcement and Commonwealth Attorneys can petition.
- Washington – Law enforcement and family/household members can petition.
About the Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.
