I wanted to ask some questions about the Brady Bill, and the provisions carried under it. This is, by no means, an attempt to start a flame war, I just want to get some answers that nobody can seem to provide me elsewhere and vent my frustration at how some of our laws are flawed.
I was discharged, honorably, from the US Army on April 28th, 2008 after serving 11yrs 4mo as an MP. While my road through the ranks was sometimes like a roller coaster I was punished with nothing higher than a Company-Grade ART 15. I was deployed several times during my career, including Kosovo, Cuba (GTMO), and Iraq (OIF2), and finished my last 3yrs after Iraq in Japan. While in Japan I served as your traditional MP, performing law enforcement duties on the various bases around the country. My last year I was put in an office where one of my duties was Ammunition Custodian, and Armorer. I had access, at any given time, to the weapons an ammunition for a 70 person MP detachment, 245 person security force, and 12 person SRT (SWAT). I was still used as a back up patrol supervisor when we would have holes in the duty roster. During the MLC strikes in early '08, I was sent to an ASP and was responsible for guarding 2/3 of the war time ammunition stock for US Forces Japan. In March '08 my 'Secret' security clearance recheck was completed (due every 10yrs while on active duty) and approved, which I still carry to this day.
While I was in Iraq, I was wounded, and involved in a number of fire-fights, IED attacks, and patched up more than enough of my good friends. Because of this I was the recipient of the CAB (combat action badge) and a Purple Heart. I was also submitted for a BSM(V) and two ARCOM(V) which were downgraded by means of the typical bureaucracy, my rank at the time, and my 'loose mouth' in regards to my senior chain of command, "no soldier in my command will ever get a higher award than I do" ~Battalion commander. For those that know, this was rampant during OIF-OIF3, thankfully things changed after I left, and soldiers were finally awarded what they deserved. As some will expect, the fun and games took its toll on my mind and body. A year after I got home my wife started to notice some changes in me. I never stopped reacting to loud noises, and being hyper-vigilant at all times. I also felt very uncomfortable in large crowds, and always needed to have my back in a corner at restaurants. Most importantly was my unrest in bed while sleeping, and "strange noises" that I would make. After this started to disrupt her sleeping habits, and started to cause issues in our marriage we sought counseling on base. After a few sessions with the head-shrinker I was diagnosed with PTSD and quickly prescribed medication to help tame my anxiety. There were few changes after medication, but there was a noticeable change in my unrest, and comfort levels in untame situations. At no time after my diagnosis or prescription of medication was there any question of my chain of command, post command, or medical personnel of my ability to perform my duties as an MP. I was never placed on the "no draw list", I still retained unaccompanied access to both unit arms rooms, post arms room, and still carried a loaded M9 while on duty or escorting ammunition, explosives, or money on and off base. I have never been "command/medically referred" to mental health, and only "self reffered" after my marriage was on the line. I have never been hospitalized or anything more than what I stated above regarding my mental health.
109 days before my discharge I received orders assigning me to Ft. Carson Co. which was the next batch of units in the queue for OIF/OEF. This report date was scheduled for 92 days after discharge. My wife and I had already made the decision to leave the service 3 years before, formed a plan, and sent her home 6mo before my discharge to establish a home front, and find a job (She has an MBA and a Masters in Accounting). I later found out that putting me on orders was common place for the Department of the Army, to increase the reenlistment numbers for "mid-termers." At that point I had one of two options, sign a "Declination of Continued Service Statement" (DCSS or "dec statement") refusing the orders, or reenlist for the pending orders and continue my service. Because my wife was already in the states, already working for a large company as a sales/finance analyst, and looking for a house I reluctantly signed the DCSS and started the process of discharge. The DCSS came with some nasty little barbs to further entice reenlistments. First I was barred from reenlistment from the date of signature until 90 days after discharge. I was removed from the promotion standing list, all schools (if any scheduled) were canceled, and if I was to reenlist after that 90 day hold was lifted I would loose my stripes, with no ability for bonuses or enlistment incentives. These last little "got ya's" are standard and while playing devil's advocate, I can see how they are effective for people NOT in my situation. While some in my unit stated this was cowardice in the face of deployment, I felt my stack of ribbons proved I had done my part and was able to walk and not have one ounce of remorse.
About 2 weeks after my discharge I attempted to purchase a single shot (H&R/NEF) rifle for the approaching deer season. When my information was run I was put on what the salesman said was "a hold." He said I was not declined, but I was on hold for further investigation, and he would call back in a few hours with an update. A day had passed and I called them, the manager then called in and let me know I was still on hold. This game went on for over a week of calling every day. I then waited another week, called the store, and got the same answer. I was still "on hold" with no further information given. At this point I was fed-up, my wife was fed-up, and bought a rifle at another store under her name for me to use.
It now has been about 6mo, and my VA claims process is finished. I was found 50% disabled for my various injuries coupled with 30% for my PTSD which I still deal with. My wife and I have a safe with 12 long guns in it, and that rifle she bought me is currently at big green getting two new barrels. All but her .22lr and the H&R/NEF she bought me were purchased by me before my initial enlistment. All are in my name, and were bought legally between 1996 and 2000. I have not, nor have I ever been involved in a violent crime, have had a felony conviction, or been hospitalized for mental health. I have never laid a hand in anger on my wife in almost 4yrs of marriage, and am VERY proud to say in that time we have NEVER even had so much as a heated discussion. I feel if anyone out there was afraid of my mental stability I would never have remained in my professional duties AFTER my diagnosis.
I have been thinking of picking up a new shotgun for next year's up-land game bird season, and home defense (the single shot 12ga just doesn't instill great confidence) but am afraid of being put "on-hold" again. I felt a level of shame and embarrassment that I could have never imagined when I was denied the ability to purchase that rifle. As a member of law enforcement for over a decade I can see the reason for some of the laws governing the sale of firearms. While some of these issues are well thought out, and work, others are horribly flawed.
Now I have questions;
1: Is my diagnosis of PTSD limiting my ability to purchase a firearm? If so, am I legally responsible to transfer the weapons currently under my name to my wife, who has no "dings?" When my father eventually passes, am I, his only son, not able to legally inherit the firearms that have been passed through the male bloodline in my family for four generations?
2: Is there a way, someone to call or write to find out exactly what my status is?
3: Am I able to appeal any placement on the ineligible list?
Thank you, and please pass this to anyone that knows the system and can advise.
