2aHawaii
General Topics => General Discussion => Topic started by: purehapa on February 15, 2023, 09:12:35 PM
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Hey there everyone I’m a GWOT vet who’s a first time gun purchaser. Going through the permit process I saw there is a few mental health questions. As someone who has a VA rating for PTSD I’m wondering if anyone knows will that be a disqualification from me getting a permit? I have been trying to research but I can’t really find a clear answer. Possibly is there someone like me in this forum who has first hand experience and is able to purchase firearms?
Mainly I’m concerned about question 11 on the firearm application questionnaire:
(Have you been diagnosed as having a behavioral, emotional, or mental disorder(s)? [HRS $134-7(c)(3)] )
I would really appreciate any insights.
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Hey there everyone I’m a GWOT vet who’s a first time gun purchaser. Going through the permit process I saw there is a few mental health questions. As someone who has a VA rating for PTSD I’m wondering if anyone knows will that be a disqualification from me getting a permit? I have been trying to research but I can’t really find a clear answer. Possibly is there someone like me in this forum who has first hand experience and is able to purchase firearms?
Mainly I’m concerned about question 11 on the firearm application questionnaire:
(Have you been diagnosed as having a behavioral, emotional, or mental disorder(s)? [HRS $134-7(c)(3)] )
I would really appreciate any insights.
Hi.
From what I can tell from others dealing with this part of the background check, it's a multi-step process.
First, you apply for the permit and let HPD know who your primary care physician is. if that's a VA doc, put that. If you have an HMO outside of the VA, put whoever your primary care provider/physician (PCP) there is. i don't think there's a requirement to list every single doctor you ever saw, just the current PCP.
Next step is to wait and see if HPD contacts you before the 2 week wait is up. If they do, they probably received a response from your doctor saying you have received treatment for something related to your mental health. if this happens, then go to step #3.
Step #3 is to ask your PCP to write a letter to HPD saying you are no longer affected by the mental health issue in your records, and that you are capable of safely and responsibly owning and using a firearm. HPD can give you the wording they must see in the letter for it to be accepted. If, however, your doctor will not or can not give you that letter (Kaiser has a policy against it), then you probably need to pay as much as a couple hundred bucks to a private physician who will evaluate you and write the letter -- assuming their evaluation of your mental state is favorable. Once HPD receives the letter, your permit ought to be approved barring any other issues.
From what others have said, you'll need to provide this letter every time you apply for a permit to acquire. Whether or not you need to get a new letter, I don't know. There may be an expiration date when HPD needs a new one. For some reason, I sort of remember a member saying they need a new one annually, but I'm not sure.
On the other hand, if your PCP doctor doesn't give HPD any reason to flag your application, it should be approved at the end of 2 weeks.
Like I said, just submit the application and wait. If anything else is needed, you'll find out if & when HPD finds out.
Your PCP doctor has a certain amount of time to reply. If they don't, HPD's default assumption is there's nothing to report.
Some members have names of 2A friendly doctors that know what the letter needs to contain should you need to find a private doctor.
I'd caution against trying to get a read on this potential issue before or during your application submittal. Don't flag yourself. Wait until your doctor responds and go from there. Basically, don't volunteer any information that might delay your application unnecessarily. Wait for HPD to do the background check.
From what I read, PTSD is not the same as mental illness, and it does not affect competence. It is a treatable condition that occurs in many and it has a variety of causes, not just combat service.
So, as long as your doctor doesn't question your competence, the worst thing you'll have to do is get a doctor's letter.
Nothing to worry about until there is.
Good luck.
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HRS $134-7(c)(3)
(c) No person who:
(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;
shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.
You'll need to answer the questionnaire truthfully. So, I guess there's no way around flagging yourself.
Plan on having to get that letter. :shaka:
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You'll need to answer the questionnaire truthfully. So, I guess there's no way around flagging yourself.
Plan on having to get that letter. :shaka:
Thank you very much for the in depth answer. I’ll report back here with my experience in a few weeks time. :shaka:
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From my experience
VA will not respond.
service connected disabled guy.
Get your guns from close family on the mainland,
Per SCOTUS and 5th amendment you don't have to
tell Hawaii shit.
Keep a lawyer on speed dial.
just in case
:thumbsup:
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From my experience
VA will not respond.
service connected disabled guy.
Get your guns from close family on the mainland,
Per SCOTUS and 5th amendment you don't have to
tell Hawaii shit.
Keep a lawyer on speed dial.
just in case
:thumbsup:
Because he has to answer the questionnaire, whether it's both the ATF 4473 and the HI application for a permit OR just the later for a private sale, he's going to flag himself. VA not responding isn't going to factor in at that point -- unless they make it worse by saying he's incompetent.
Hunter Biden obviously lied on the 4473 when he bought a pistol (omitted that he's an admitted crack addict), and he was cleared to buy it. I doubt anything will ever come of it, because of who his daddy is. Any one of us peons doing the same would be prosecuted for perjury.
:shaka: