Can I Own a Gun Even Though I Was Discharged from the Military with Adjustment Disorder Anxiety?

You were in the military, a profession where bearing arms was a core responsibility. Yet, you were discharged from service with adjustment disorder, anxiety, and the label of being unfit to handle deadly weapons. Does this mean you can't legally own a gun in civilian life?

Uncertainty often surrounds the interaction between mental health diagnoses and gun ownership rules, especially in the context of military service. This article aims to clarify the situation and provide guidance based on American federal law.

Discharge Status and Its Impact on Gun Ownership

Military discharges are classified into various types, each with different legal implications for gun ownership. If your discharge was not dishonorable, there's a high likelihood that you are not prohibited from possessing firearms. However, your discharge classification is just one factor to consider.

Mental Health and Gun Ownership

The second primary factor is your mental health. There are specific legal disqualifiers that can prevent individuals from owning firearms. These include being 'adjudicated as insane' by a court. This means the court ruled you are permanently incapable of understanding the nature and quality of your actions due to mental illness. Another grounds for disqualification is successfully pleading "not guilty by reason of insanity." If you or anyone under these circumstances is in this category, they are a 'prohibited person' and cannot own a gun.

Specific Legal Disqualifications

Under U.S. federal law, the following disqualifies you from owning a firearm:

Adjudicated as mentally incompetent by a court. Adjudicated as legally insane. Prior to or due to the mental health issue, you received significant psychiatric consultation or were prescribed a treatment regimen. Had a history of mental or criminal confinement issues.

The Scenario Explained

Your discharge was due to an adjustment disorder with anxiety. This diagnosis, standing alone, is not automatically a bar to gun ownership. It's important to understand that mental health issues are highly individual, and the legal implications can vary. However, if your adjustment disorder was precipitated by other issues such as demanding psychiatric consultation or treatment, then it might add complexity to your situation.

Seeking Clarification

Given the complexity and the potential legal implications, it is crucial to engage with local law enforcement. Ask them the following:

“A friend of mine was discharged with adjustment disorder. Can he own a firearm?” “Can he be reevaluated and if found without the disorder can he then own a firearm with proper documentation?”

Local jurisdictions may have varying interpretations and requirements. Law enforcement can provide you with accurate and personalized guidance based on your specific circumstances.

Understanding Federal Law

At the federal level, your discharge was not a dishonorable one, which means it does not automatically violate firearms laws. However, if your discharge involved significant mental health issues that led to psychiatric consultation or treatment, you may need further evaluation and documentation to determine your eligibility.

It's essential to stay informed and consult legal experts to navigate these complex issues properly. Understand that each case is unique, and the impact of your military discharge and mental health condition on firearm ownership can vary significantly.

In summary, while your adjustment disorder alone does not necessarily preclude you from owning a gun, there are specific legal barriers that need to be considered. Local law enforcement and legal advice can provide the necessary clarity and guidance. Always ensure you are in compliance with both federal and local firearm ownership laws.