PTSD & Background Check

[emsdial911]

Is PTSD reported and will anything in medical records show up in a background check? My step daughter was diagnosed by a Doctor not Psych when her father died a little less than a year ago. Not sure how to answer some of the questions on the application.

 

[Paul30]

I believe it asks if you have been deemed incompetent, PTSD does not make you incompetent. Some may have problems sleeping due to dreams, but are perfectly competent to decide weather putting a bullet in someone is required or justified. If they have not been involuntarily committed, or deemed incompetent then they should be good to go.

 

[USMC-Johnson]

No issues with my LTCH and i see a shrink regularly and have for a while...

 

[the1kidd03]

This is an issue I have with the system overall.

Merely having PTSD does not inherently make someone incompetent to a point of justifying the infringement of their rights. They don't know a whole lot about it in general really. Like most things in psychology, there is a broad spectrum/range in severity of symptoms and a variety of those as well.

To my knowledge, there is not a clearly defined process/system in place for someone to receive a classification of "incompetent" through psychiatric evaluations.

 

[the1kidd03]

18, U.S.C. §922 (g) (4)
Has been adjudicated as a mental defective or committed to a mental institution

In addition to local, state, tribal, and federal agencies voluntarily contributing information to the NICS Index, the NICS Section receives telephone calls from mental health institutions, psychiatrists, police departments, and family members requesting placement of individuals into the NICS Index. Frequently, these are emergency situations and require immediate attention. Any documentation justifying a valid entry into the NICS Index must be available to the originating agencies.

 

[Sgtusmc]

An example of being adjudicated to a mental institution would be the Marine, Brandon Raub, who made some facebook posts that were allegedly anti-government. Local police along with feds came and picked him up without any miranda warnings being read and took him to the hospital. He was stripped of his rights and now cannot legally own a firearm.

My GF is a Psychologist (PhD) and says this happens all the time. Someone deems someone else a danger to themselves or others, authorities pick the person up and take them to the hospital and voila, no more rights.

 

[the1kidd03]

An example of being adjudicated to a mental institution would be the Marine, Brandon Raub, who made some facebook posts that were allegedly anti-government. Local police along with feds came and picked him up without any miranda warnings being read and took him to the hospital. He was stripped of his rights and now cannot legally own a firearm.

Exactly why I have issue with the current "system" for mental health. There are no guidelines to follow, rules, etc. Just any old psychiatrist can say "incompetent" without review from colleagues, second opinions, etc.

 

[Sgtusmc]

Exactly why I have issue with the current "system" for mental health. There are no guidelines to follow, rules, etc. Just any old psychiatrist can say "incompetent" without review from colleagues, second opinions, etc.

Yep, and watch out that you don't get TOO upset about this. You might POTENTIALLY be a danger.

 

[Sgtusmc]

Also, if you're receiving military disability and have financial problems, you can be classified as financially incompetent whereby again, you are incompetent to own a firearm.

 

[emsdial911]

Ok, thanks for the answers but I misunderstood what she was asking me. This is for her LTCH. The question is "Have you ever been treated for psychiatric health care or an emotional or mental illness?" To me the loss of your father is not an illness. I know it may not stop her if she says yes but it is a lot of documentation goes along with saying yes.

 

[Lectric102002]

Ok, thanks for the answers but I misunderstood what she was asking me. This is for her LTCH. The question is "Have you ever been treated for psychiatric health care or an emotional or mental illness?" To me the loss of your father is not an illness. I know it may not stop her if she says yes but it is a lot of documentation goes along with saying yes.

A lot of documentation and a protracted wait time.

 

[USMC-Johnson]

I put no...i have to ask what laws would be broken if the state does not take that one at face value. Unless there is a problem they cant dig into patient records.

 

[Beorn]

I imagine by answering 'yes' to the applications question, that you are giving consent for ISP to search your medical records? If you answer 'no' to the question, ISP wouldn't be able to check into your medical records under HIPPA's right to privacy or patient/doctor confidentiality law? I'm not sure. Anyone in the healthcare field care to weigh in on this?

 

[USMC-Johnson]

I'll ask one of my friends tomorrow who is a nurse if she can shed some light on this for us...she has her lTCH so she has been through the process.

 

[Sgtusmc]

I'm guessin much depends on the DR. Some will flat out say they will NOT give out consent forms.

 

[Captain Bligh]

Releases of Information are very specific. I highly doubt checking "yes" can be used as implied consent to access medical records. Releases are for a specific named health care provider entity, specify what information is to be released, are time limited, state what the information is to be used for, and can be withdrawn at any time by the person giving consent. If anything, checking "yes" opens the door to search of information that is a public record, such as a civil commitment to a state hospital.

I've said it before, but I'll say it again. In over 30 years of clinical practice, I have never been required to submit a client list to any government entity. If you haven't been committed or had a 72-hour hold in a psych ward filed on you, odds are enforcement authorities are never going to know about PTSD or other treatment.

 

[USMC-Johnson]

Ok so after talking to a friend who is a nurse checking yes wouldnt give them the right to peek into your records...they may ask for a release for them to be able to check but simply checking yes does not give them the ability to poke through docotrs records

 

[larcklorn]

Is PTSD reported and will anything in medical records show up in a background check? My step daughter was diagnosed by a Doctor not Psych when her father died a little less than a year ago. Not sure how to answer some of the questions on the application.

Thanks for posting this question - I was wondering the same stuff about my wife.

 

[.452browning]

My brother was diagnosed with PTSD after a few tours in the sand box and one in 'stan. He has bought multiple firearms and never had a problem. He saw a military doctor a few times then was done.

 

[EdC]

Ok, thanks for the answers but I misunderstood what she was asking me. This is for her LTCH. The question is "Have you ever been treated for psychiatric health care or an emotional or mental illness?" To me the loss of your father is not an illness. I know it may not stop her if she says yes but it is a lot of documentation goes along with saying yes.

Rationalize a "no" answer how you will, but don't you think that being treated for PTSD (caused by the loss of her father) would more than likely require a "yes" answer to that question? But who really knows, because the question is drafted horribly.

Answer "yes" and be prepared to do the leg work to get a letter from the doctor who diagnosed her. It may cost you an office visit. Some health professionals are familiar with letters for LTCH apps, some are not. If you answer "yes" but do not attach the documentation from the health professional, the application will be denied.

As far as a protracted wait time, I don't know. I obtained and submitted a letter from the doc with my application (one letter is not a "lot of documentation", letter's contend was when I came in, what the issues were, how I responded to treatment, and that I'm just swell, now, thank you, and that I should be allowed to carry a gun) and it seemed to take no longer than anyone else's, acc'd to the thread on INGO regarding wait times when I applied.

Answer "no" and wonder about whether or not it will ever come up, and if it does, be prepared to explain how she believed that being treated for PTSD does not fall into the category of being "treated for . . . an emotional or mental illness" so that she does not get tagged for submitting a false statement on the application.

Yours is a question that comes up a lot here in INGO. Sometimes folks hit a hard spot in their lives 10 years ago, go in for help, get diagnosed with some sort of mild temporary depression caused by a situation in their lives, then bump into that question on the application. "But it was 10 years ago!" they may say. But the question asks "ever" been treated. " But what's "treated" mean, I only saw the doc 3 times" etc.? Sucks.