Friday, April 26, 2019

NRA Firearms Law Seminar - Gun Rights And The VA

If you're adjudicated as mental defective by a federal agency it gets reported to NICS as a prohibited person.

If any PTSD or mental health issue then VA investigates and sees if there is alack of capacity, which to them includes anyone who lacks capacity to manage own affairs including disbursement of funds.

So even if only applies to inability to manage own funds or assigned a fiduciary, VA takes it as making the person a prohibited person and unable to purchase a firearm, and they tend to over-report including people who are not truly incompetent.

The VA is the biggest source of prohibited purchaser records from federal agencies to NICS for such mental capacity disabilities.

The VA does have a NICS relief program and can keep fiduciary and takes considerable evidence, or can seek to reconsider the incompetency determination and then would not have a fiduciary.

He then went through the steps to seek relief from the VA and it is very involved. Expect lots of delays in the process but firearm rights restoration can be possible.

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