Epilepsy and gun ownership

In My Humble Opinion
1

I have a close relative who used to suffer from seizures. Over a period of a couple of years, he had a total of two or three grand mal seizures. At the time, his driving privileges were revoked for about a year. But he’s had the condition under control for a long time with medications. It’s been over fiften years since his last seizure. His driving privileges were restored long ago, and he was able to return to full-time employment, retiring eventually from his college teaching job.

He also has a personality that likes play the victim, and claim to suffer injustices which, on closer inspection, turn out not to be true.

For this reason, I am skeptical of something he claimed in a recent conversation.

He owns several guns, and used to enjoy target shooting. Well, he insists that his history of epileptic seizures makes it illegal for him to purchase (or even use) a firearm.

I understand it could be a situation where the initial encounter with buying a gun or going to a shooting range would involve questions about being treated for mental health problems, or being on medication for epilepsy.

But I would also assume that documentation from his doctors testifying that he’s been seizure-free for so long would be taken into account.

For most people, obtaining this documentation would be a natural response to such questions. But as I said, my relative’s neurotic love of victimhood might prevent him from following up. It might be more satisfying to say, “They said no, because of my seizures twenty years ago - boy, life sure is unfair to me!”

He’s never been in any trouble with the law, even a misdemeanor. He has no history of substance abuse - he’s a lifelong teetotaler.

I presume laws would be highly variable from state to state. He lives in West Virginia.

Thoughts and experiences appreciated.

2

Whenever you say ‘‘the law’’ we need more information, location or something. Don’t we?

3

Federally the short answer is an unqualified no.

On the state level it is possible - barely - that Hawaii and New York could have some issues but in a fast read of the laws I don’t see West-by-God-Virginny being even close. Now if we’re talking a CCW that is an entirely different can of worms and varies widely state to state. But simple ownership not so much.

To complicate the answers — are/were the seizures stand-alone or the result of/combined with some other mental condition he was treated for such as depression?

4

He’s incorrect. There’s no prohibition against someone with epilepsy owning/operating a gun; if there were, I know several folks who are violating the law at this very moment, because they’re on their way to the gun range to practice.

5

Second to last sentence in the OP.

6

This was just ownership he was talking about, he’s never been interested in CCW.

The seizures were out of the blue. He’s never had any other mental conditions, save the aforementioned neurosis.

7

the only thing I think could be even remotely close is question 11.f. on the 4473 which asks if you’ve ever been declared mentally incompetent or involuntarily committed. I’m pretty sure epilepsy doesn’t qualify.

8

Generally to lose your rights to gun ownership you must have had gone through some sort of due process. A court that declares your mentally incompetent, involentarily committed, or some such. A doctor cannot under their own authroity just declare you unable to own a firearm. Misdiagnosis/malpractice is not uncommon. It can be epecially problematic if the doctor has a personal problem with firearms.

9

Thank you for the information.

To paraphrase Joe Peschi in “My Cousin Vinnie”: It’s West-Fucking-Virginia! So, not likely a problem.

10

Was he turned down for something (buying or using a gun) or did this just conversation? If it was just conversation ISTM that it’s almost like he’s bragging “yeah, I got all these guns, but it’s actually illegal for me to have them because of my seizures, don’t tell anyone [as I tell everyone]”. OTOH, if he was turned down, my first question to him would be why he told the gun dealer about his seizures in the first place. If they were chit chatting and it came up, I’d suggest that he go to another place and keep his yapper shut.
However, like you said, he’s playing a victim and it’s what he does, so I’m guessing it’s probably none of the above (or some mix of it) and you’re not going to find a good solution for him. Any answers you give him will result in him exaggerating the actual issue so that your fix doesn’t work. You’re best course of action, IMO, is to let it go and not lose sleep over it.

11

For epilepsy by itself there should be no issue. From what I see in a fast check around various pro and anti gun boards, people are more likely to be grilled by their loved ones than they are Uncle Sugar.