PTSD and Gun Ownership: Does PTSD Prevent You from Owning a Gun?

There are numerous initiatives among the VA, the government, and non-profit agencies across the country to eliminate the crisis causing veterans to commit suicide at the rate of 17.6 per day. One of the problems is a lack of treatment for veterans who are experiencing mental health issues and the stigmas that arise from requesting treatment. One of the fears we hear about often is veterans’ fear of having their guns removed if they seek help for PTSD or depression, since over 73% of veteran suicides involve a firearm.

The disclaimer for this article is that I do not like firearms. My stepfather was a Navy veteran who committed suicide. I have no desire to see more people lose their life, but I also believe that veterans have the right to own guns if they choose. My priority is ensuring veterans are aware of the processes and facts they need to know to ensure they receive their benefits and proper healthcare.

This article is based on federal regulations and clinical ethics, state laws may vary.

Can Veterans with PTSD Buy and Own Guns?

There is a widespread misconception that veterans with PTSD cannot own firearms. The truth is that PTSD alone does not disqualify a veteran from gun ownership under federal law. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) specifies that only individuals who have been adjudicated as a “mental defective” or committed to a mental institution are prohibited from possessing firearms.

When buying a firearm, veterans complete a background check through the FBI’s National Instant Criminal Background Check System (NICS). PTSD or other mental health treatment does not appear in NICS unless the veteran has been declared incompetent by a court of law or involuntarily committed. Simply being treated for PTSD, taking medication or having a VA rating for a mental disorder does not prevent someone from purchasing and owning guns.

Also, the rule that automatically barred those with VA-appointed fiduciaries from owning guns was overturned in 2017. Under the Disability Benefits Protection Act of 2017, veterans with fiduciaries are no longer automatically reported to the National Instant Criminal Background Check System.

Who is Not Allowed to Possess a Firearm?

1. People convicted of or under indictment for a crime punishable by imprisonment of over a year
2. Fugitives from justice 
3. Unlawful users of or addicted to a controlled substance
4. Underage people
5. Those adjudicated as a mental defective by a court or committed to a mental institution
6. People unlawfully in the US or admitted under a non-immigrant visa
7. Veterans dishonorably discharged from the military
8. Anyone who renounced their US citizenship
9. Subject to a court order restraining them from harassing, stalking, or threatening an intimate partner, child, or child of a partner or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury
10. Someone convicted of a misdemeanor offense of domestic violence

What exactly does “adjudicated as a mental defective or committed to a mental institution” mean?

Under ATF regulation 27 C.F.R § 478.11, the term “mental defective” refers to someone who has been determined by a court or lawful authority to be a danger to themselves or others or incapable of managing their own affairs. This also includes persons who have been found insane by a court in a criminal case, persons found incompetent to stand trial, and persons who have been not guilty by reason of lack of mental responsibility.  

Further, ATF defines “committed to a mental institution” as someone who was involuntarily committed. If someone with PTSD voluntarily checks into a psychiatric facility, either inpatient or outpatient, with a few exceptions, they will not be barred from owning guns.

A diagnosis of PTSD alone, or even ongoing treatment with a VA psychiatrist, does not meet the standards set by these regulations. Most veterans with PTSD do legally buy, own and use guns for self-defense, hunting, sport or collection. The VA and the Department of Defense emphasize lethal means safety, which encourages safe firearm storage and temporary transfer of weapons during times of crisis. This approach aims to reduce suicide risk without infringing on veterans’ legal rights to gun ownership. 

If They Take Away My Gun, Can I Get It Back?

States handle this on a state by state basis, but for the most part, unless a veteran has been committed to psychiatric hospitalization by court order or involuntarily, then yes, they can get their gun(s) back even after disclosing the thought, plan, or intent to commit suicide. Depending on the state, commitment includes mandated outpatient programs, outpatient commitments, or outpatient hospitalization programs. 

Some states put time limits post-hospitalization, but after that time they can petition to get any confiscated firearms returned. Something we have learned from the unfortunately too frequent shootings and suicides in our country is that hospitalization is not a precursor to using a gun against yourself or someone else. And, of course, most people with mental illness never use a weapon or become violent. 

For veterans declared mentally incompetent and prohibited from owning firearms, the Gun Control Act of 1968 provides a mechanism to have gun rights restored (“relief from disability”), but Congress has not funded it in years. Instead, veterans can seek relief through VA’s competency review process, although this is also difficult due to: 

• No VA Assistance. Because this process is not a standard VA benefit, the VA has no duty to assist the veteran in gathering evidence for their petition.
• Stricter Evidence Standards. The veteran is not entitled to the benefit of the doubt rule typically used in disability claims; the burden of proof rests entirely on the veteran.
• Limited Legal Recourse. If the request for relief is denied, it cannot be appealed through the Board of Veterans Appeals or the Veterans Court. The only way to challenge a denial is by filing a lawsuit in a U.S. District Court where the veteran lives. 

When Does Medical Personnel Have to Report a Veteran’s Gun Ownership?

There are very specific laws in every state that regulate when a medical provider can report that a patient, including a veteran, owns a gun. Federal laws typically take precedence over state laws, unless state laws are more protective of veteran rights. Under the Health Insurance Portability and Accountability Act (HIPAA), C&P Examiners, psychiatric providers, and anyone else providing treatment, assessment or evaluation, can report firearm ownership to the authorities only in the following cases:

1. When authorized by the patient
2. When required by law, including state law
3. For law enforcement purpose in response to a relevant and specific request from a law enforcement official
4. To prevent or lessen a serious and imminent threat to the health and safety of a person or the public

The definition of “serious and imminent threat” can be subjective. According to Rick Massimino, MD, author of Recovery Model: Mental Health Recovery Model Applied to Severely Mentally Ill, imminent danger is an anticipated danger that is likely to happen, is impending, and is separated by space or time (not necessarily an immediate threat). In other words, clinicians report only when they believe a threat is both credible and urgent.

Determining Imminent Risk

Clinicians use specific assessments to determine if a veteran is a risk to themselves or others, they cannot just say they think someone is a high risk of suicide or homicide and report them. They must have evidence to back up their theory, or they are violating the veteran’s civil rights. Assessing suicide or homicide risk is done through questions like:

1. Does the veteran have thoughts that their/the other person’s life is not worth living?
2. Do they have plans of how they would end their/the other person’s life?
3. Do they have access to fulfill those plans?
4. Do they have reasons not to fulfill those plans?
5. Have they attempted to end their lives in the past?
6. How do they think their loved ones would react if they completed the act?

If the veteran is deemed to be an imminent risk of suicide or homicide because they have an “intent and plan” to commit suicide or homicide, healthcare professionals are ethically and legally bound to report them to the authorities and to disclose if they own firearms. If, on the other hand, a veteran discloses that they are having suicidal thoughts on a regular basis but really don’t have a plan or have protective factors (they make statements like “I would never leave my children” or “I could never actually go through with that”), then these are considered fleeting thoughts. Not every disclosure of suicidal thoughts results in firearm removal.

Why Do I Need to Disclose If I Am Having Suicidal Thoughts?

Because the numbers do not lie about the risks… according to the latest VA statistics, of the 6,407 total veteran suicides reported in 2022, 60% had not been recently receiving care through the Veterans Health Administration. Seeking treatment and being honest with medical providers could save your life. Officially, they cannot report and have your guns removed unless you are at the point where they feel you would go out and hurt yourself or someone else, in other words, you fit the criteria to be involuntarily committed to a psychiatric facility.

Additionally, if you are trying to get service connected with a mental health condition or get your rating increased, suicidal ideation is a symptom that carries a potential for a high rating, if disclosed. Veterans do not need to be “committable” to get an evaluation for suicidal ideation, and honesty is the best way to get the correct rating.

Finally, remember, there are two worst-case scenarios for disclosing at a psychiatric exam that you own guns and have suicidal thoughts. The first is that your firearms are temporarily removed. The second is that you permanently are. Please let it be your guns, you can get those back.