Attorney General on Post Traumatic Stress Disorder

→ Posted on Oct 30, 2008 - 12:07 AM

The election for president is on November 4.  Many other elected offices are also up for consideration at that time.

I have talked to many who are on this list.  We have McCain supporters.  We have Obama supporters. We have people voting for Obama - although not calling themselves supporters - because they see McCain as Bush III.  We have people voting for McCain not as a supporter but because its effectively 2 votes against Obama.  We have others who are so fed up that they are refusing to vote or will vote for a third candidate who has no chance of being president.  We even have some voting against Obama - no matter who they vote for - because of a material fear that an Obama victory may well put one or both Clintons on the US Supreme Court!  Some are avoiding McCain out of fear regarding his age and his running mate.

All in all, I am predominately concerned about the wretched condition of Congress more than the Presidential races because none of the presidential campaign promises are worth anything unless Congress agrees.

This entire election season has had its ups and downs.  Based on that, a recent Tenn. Attorney General opinion may be relevant.  It concerns whether individuals diagnosed with Post Traumatic Stress Syndrome lose their handgun permits and/or ability to purchase firearms.

Although you should look at the full opinion for the details, here is the summary:

QUESTION

Can a person who has been diagnosed as suffering from Post Traumatic Stress Disorder (PTSD), but who has not been adjudicated or hospitalized for a mental illness or because of mental incompetence, obtain a handgun carry permit?

OPINION

Yes. Under Tenn. Code Ann. ยง 39-17-1351(c)(12), as it is presently written, a person who has been diagnosed with PTSD may obtain a handgun carry permit, as long as that person has not been adjudicated as mentally defective, been committed or hospitalized, or been judicially determined to pose a substantial risk of harm because of PTSD.

http://www.tn.gov/attorneygeneral/op/2008/OP/OP133.pdf