Asperger's and Gun Ownership

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I'm not really sure if this is the right place to post this, but here I go. I'm really into weapons, and I would like to own firearms in the near future. I am of legal age to own them in my state, but I know that you are disqualified from gun ownership if you are labelled "mentally defective". This worries me, as I know people can be far from understanding when it comes to Asperger's. What I want to know is, will I barred from owning guns because of Asperger's? I tried Google, but didn't really get anything solid.

First, I am not a lawyer, and the below is not legal advice. It should not be construed as authoritative. If you want a definitive opinion, find a lawyer specializing in gun law.

That being said, there's probably a definition of "mentally defective" in the code, or relevant case law. Case law is admittedly hard to find without some research, but code is not. Find the part of your state's code that regulates the sale of weapons. Memorize the citation. If Asperger's is not listed, or if you feel you do not meet the criteria for "mentally defective" for owning a weapon, it's probably safe to buy a weapon. You may not even have to disclose, unless you have to by law.

I personally wouldn't consider Asperger's as a handicap to owning a weapon. Then again, my state has extremely strict gun control laws that make it very hard for non-veterans or cops to own weapons at all.

It depends on the state. Anti-gun states have laws that are intended to keep weapons out of the hands of as many people as possible. On the reverse, pro-gun states generally let anyone of legal age purchase a weapon if they are not a danger to themselves or others or a convicted felon.

Last edited by PM on 11 Nov 2012, 11:44 pm, edited 1 time in total.

First You need to tell me in which country/state do you live in. Here is the US, you can get long guns at 18, pistols at 21. Asperger's doesn't stop you from arming yourself provided that you don't have a felony or misdemeanor domestic violence on your record or haven't been committed to a mental infirmary. Firearms are one of my long standing interests (particularly semi-automatics) and I'm half a birthday short of being able to buy one for me. Safety course may be required.

Check local laws on purchasing, storing, using, and transporting firearms. If you live in CA, politicians over there like to pass more gun control than what people think it's necessary, making them look paranoid. If you live there, you may either cope, or get out of CA (the latter seems easier, but you need to plan)

-NorthPark

unfortunately I live in an anti-gun state and the worst of them all..

Thanks for the info. I'm actually in New Hampshire, which as far as I know is one of the least restrictive as far as gun laws go. I was just worried because I read about someone who was denied entry into the military because of AS. I then looked up AS and ownership and couldn't find anything positive, so it kinda freaked me out a bit.

you're welcome and happy hunting for your first gun! I wonder if a 20 gauge is a great starter shotgun?

AS has been a denying factor for admission into the military since 2009. If you are in New Hampshire, you should have no issue acquiring any weapon that the feds will let you have. Your state and your neighbor to the west, Vermont , are the two best states for gun owners in the terms of respecting your rights.

I actually have quite a bit of experience with guns, my dad has a bunch. And if you're asking for advice, a 20ga can often have as much or more recoil as a 12 gauge. They are usually lighter and so you feel more of a kick.

I have a friend who's daughter has AS and he found that she really responds to target shooting because of it's such a structured activity. Sadly, he had to leave the doctor she was seeing because the doctor did not want her shooting because the doctor did not like guns.

I am not a lawyer but I am pretty well read on this

AS should not be a disqualifer on it's own, however, some of the co-morbids might be.

Federally, unless you've been adjudicated mentally unfit or have been committed to a mental hospital against your will, you should have no problems with the federal NCIS background check for the mental health part.

Here is a copy of the form you have to fill out:

http://www.atf.gov/forms/download/atf-f-4473-1.pdf

It's a carbon copy form so you can't pre-fill it, plus dealers will want to see you fill it out in person.

New Hampshire is a very pro-2A state and it looks like they use the same disqualifies as the feds do so if you can pass the 4473 you should be ok.

You can even get a permit to carry your firearm on your person outside your home if you buy a handgun. We don't have that freedom where I live, and the criminals take advantage of unarmed citizens daily.

It all depends, I just retired after 20 years of service in the USAF, however, I only just found out that I have AS, I have no idea if an AS diagnosis is an automatic disqualification, obviously I disagree, in fact I wish that I had known a lot sooner than just 3 months ago. Of course as the saying goes, if you've met one person with autism you have met one person with autism; had I known I might have been able to alleviate some of the problems I encountered during the course of my career, some of which were very nearly disastrous for my career. That said I did however manage to stick it out for twenty years through hard work and dedication. The worst they can say is no, but even if they do say no you can at the very least apply for a waver, also if you know anyone who can vouch for you, that might help as well, an employer/boss, teachers, or a friend who is "somebody." At any rate it would depend on the severity of your autism and your background, you have a job, your willing to submit to the abusive treatment you will encounter in basic training, you can conform to the standards and so on.

For the US and mental stuff [for firearms prohibition]:

Part one above means a judge would have to deem you as mentally defective
Part two is self-explanatory (interesting that it doesn't say involuntary or voluntary)

So, you probably should be alright with AS, unless you've been to a mental hospital.

In other news:
This man's SUV was broken into today while he was at a Seahawks game. Stolen were his wife's purse and his loaded gun. Yeah, some crazy nut is now running around Seattle with a loaded gun. We're doomed. I know the real gun owner must feel like crap. I would.

You live in NH... I'm pretty sure they don't even have restrictions on buying guns - just don't be a felon and you're good to go. You'll need a permit to carry but I doubt that will be a problem.

Someone is running around Seattle with a gun?! Oh the humanity!

I live in Canada, while long guns are no problem to get, I would LOVE to own a handgun or two. I've never even HELD a (proper) handgun before. (I say "proper" because I don't deem a .22 pistol to be a proper handgun.) My husband is going to take me to a gun range when we go to Arizona next year so I can at least get to experience weapons that I'd never be able to experience here in Canada.

If you're going to go with a shotgun to start, I'd definitely go with the 20ga. They're lighter, and most of them have less kick than a 12ga. I have a Remington 1100 G3 which is wonderfully light and the kick is very minimal. If you're looking for a cheap but durable shotgun: a Remington 870 will do the trick. That will probably be my next purchase - in 12ga.

Usually "mentally defective" means your condition is so debilitating that you can't take care of yourself.