
As you read Jim's article, keep in mind this is NOT about purchasing a firearm and being cleared through the NICS database. The vet in this story still owns his guns and still has the right to buy guns.
CWPs are issued at the municipal, county and state levels and the rules vary and do not follow federal guidelines, as you will find out.
The only reason a person, veteran or civilian, can be denied the right to buy a firearm for mental health reasons is by getting on the NICS "no buy" list. The ONLY two reasons: 1. Have been adjudicated a mental defective (incompetent). 2. Have been involuntarily committed to a mental institution (voluntary commitment is not a disqualifier).
Treatment for PTSD or any other mental health condition will NOT prevent someone from clearing a NICS background check.
PTSD VETERAN LOSES CONCEALED WEAPONS PERMIT
Veterans' Advocate Jim Strickland investigates how one PTSD vet in treatment lost his CWP.
When the veteran told me that
his local sheriff had revoked his Concealed Weapons Permit (CWP) for no reason
other than the veterans PTSD treatment, I was skeptical.
Gun control
discussions often become as heated as talking of abortion or religious freedom.
We Americans are passionate about our rights to stock our homes with high
powered weapons and fill our cabinets with cases of ammo. Hey, you never know
when there may be a revolution.
For all you know a circus elephant may
break free and then you'll be glad I had the old elephant gun handy!
OK,
I'll fess up...I'm one of those. Over my lifetime I can't recall a time that I
haven't had a loaded gun by my side. Except when I was in the Army. I was a
hospital medic and not unlike Barney Fife, they didn't trust us with loaded
weapons. During our drills and field exercises we would be issued the weapon but
Barney had it better...we didn't get a bullet to keep handy.
I have mixed
emotions about that though. I wish I didn't feel a need for a weapon but those
old habits...you know.
In any case, I believe the law is the law and we
citizens have a right to keep and bear arms except in some unusual
circumstances. To have a permit pulled because the vet has a bit of PTSD from
his honorable service alarmed me. Something wasn't right here.
He told me
that as he was renewing his CWP, a ritual he had to go through every few years,
he received a letter. In the letter a deputy made reference to his mental health
records and informed him that his CWP would not be renewed.
The veteran
sent me a copy of the letter and I started to investigate. Larry joined me and
we brought into our circle a friend...a "Go-To" lawyer who we trust to think
these things through with us. I contacted yet another lawyer outside the
circle.
We decided to do a bit of a
3rd degree on our veteran friend to make sure he hadn't forgotten to mention
anything that may have precipitated this adverse action by the sheriff. You know
how that can happen, "Sorry Jim...I would have told you but I didn't think my
history as an ax-murderer was relevant. That happened a long time
ago."
We satisfied ourselves that our Vietnam vet was truthful and as
open about his history as could be. He had no law enforcement issues, not even a
speeding ticket. He's a quiet man who keeps to himself. He's rated 100% IU...he
can't keep employment because of the PTSD. He's never been told he was a danger
to others, he attends his VA provided mental health care sessions and is a good
American citizen who fought for his country.
The next step seemed
obvious; we had the veteran send a letter to the sheriff seeking an answer to
why this had happened. We decided to wait 6 or 8 weeks for a reply. During the
waiting we looked at CWP application procedures from different states and
counties across America.
Contrary to popular belief and the Internet
rumor mill, the feds have darn little to do with how you and your guns come
together. Your gun permit is often controlled by the county you reside in, other
times by a state process or maybe both. There are plenty of federal laws and
guidelines but the real nitty gritty of how you and your gun are controlled will
be found in your back yard.
Rumors about gun control abound. Larry called
a halt to one rumor just days ago http://www.vawatchdog.org/09/nf09/nfjun09/nf060409-4.htm
The rumors are nothing mew. When it comes to scare tactics the gun lobby
is well practiced at propaganda. Each administration has something to say about
gun control and each administration wishes they had never said whatever it was
they did say. Neither of the extremes on either side will be placated...not
ever.
As we developed our data, we noticed that applications for a CWP
varied from place to place. Many were minimalist and only wanted the basics.
Some were more intrusive. Others were much more intrusive and probing and even
asked for permission to review mental health records if they existed. Some
insisted on a written note from your mental health doctor.
Louisiana, for
example, wanted a lot of data http://www.lsp.org/handguns.html#apply
Michigan wants to know if you're being treated for a mental illness but
they don't ask for permission to get into your health records http://tinyurl.com/luxv3t
South
Carolina is similar to Michigan http://tinyurl.com/llec4a
Our
veteran is in North Carolina and that state requires that; "The applicant does
not suffer from a physical or mental infirmity that prevents the safe handling
of a handgun. The Sheriff will require the applicant to sign a release
authorizing the Sheriff to receive physical and mental health records from a
health care provided (sic) who has ever provided treatment or care to the
applicant." http://tinyurl.com/kw42f9
So we investigated, we pondered and we waited.
The sheriff
apparently worked for the VA at one time so keeping in tune with that training
he didn't bother replying to our veterans inquiry. As we approached our
deadline, we were caught wondering what to do next. If we lawyered-up and hit
the sheriff with something formal, there's little doubt he'd go to a defensive
mode and do the same. While we all live far away, our veteran has to live right
there so there's a reasonable question of how much sand to we want to throw
around in his back yard?
As a rule in life you really need to use caution
about who you pick fights with. A North Carolina country style sheriff is often
a good one to avoid.
While we debated our next steps, the veteran wrote
to tell me of his recent visit with his VA psychiatrist. As a part of his visit,
he told the shrink that he was experiencing an issue with his CWP and that it
was an upsetting event.
His doctor replied that most mental health
professionals, himself included, didn't believe that mental health patients who
were taking psychiatric medicines needed a gun.
When I read that, I knew
we had our answer.
Our veteran was renewing his permit. He had signed an
application that gave the sheriff or his designated representative the authority
to review his mental health history. That apparently hadn't been done in his
previous years of holding a carry permit but that's of no consequence now, this
time his mental health status was lawfully checked.
Although the doctor
didn't tell him this, it's likely that the deputy responsible for the due
diligence actions spoke directly to the psychiatrist. The psychiatrist probably
shared his belief that no psychiatric patient undergoing treatments with
powerful medicines needs to have a weapon handy.
The renewal to carry a
concealed weapon was denied.
Whether you agree or not, it's clear that
the law of that land was followed. As we reviewed this later, even the veteran
confessed that he saw the logic. His only complaint late into the game was that
someone should have informed him and answered the question "Why?" without his
having to ask. If either his doctor or the sheriff had told him what was
happening and why it was happening, he may not have liked it but he would have
complied. Hey, he's a law abiding man.
The vet has decided he won't fight
it although he has opportunities for appeal. He likes his doctor and feels good
about the care he receives so he's made an informed decision and he'll live
without the CWP.
Thinking it through, I know a number of PTSD veterans
who I believe are better off without guns nearby. I also know non-vets who are
angry people who I feel that way about. While we may feel strongly about our
right to bear arms, are we foolish enough that we can't understand that not
everyone should have one?
There won't be any easy answers of right or
wrong as we go along in our violence prone society. I want my guns, I'm not so
sure about you and yours. Yeah, you.
I do know this for a
fact...spreading rumors about how the Obama (Bush, Carter, Clinton, Kennedy or
any other) administration is taking your guns won't help.
Our knee jerk
response was to call in the cavalry and get this veterans CWP back to him
because they can't do that to a veteran! We were wrong and we're glad we spent
enough time that we arrived at a good end to our story.
As one of the
attorneys who consulted to us on this one said, "Society has to balance the
right to bear arms with the 'right' of people to be protected from people who
should not be trusted to have weapons."
In all of the above, the only
wrong that was perpetrated on the veteran community was the panicked email about
how we were all losing our rights to guns. That was a lie, plain and simple.
Often enough the truth is right in front of you. You may have to squint and try
hard to bring it into focus.
This time the system worked flawlessly. Were
it only that easy every time.
