{"id":13012,"date":"2024-10-20T06:00:11","date_gmt":"2024-10-20T11:00:11","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13012"},"modified":"2025-06-18T12:12:37","modified_gmt":"2025-06-18T17:12:37","slug":"dementia-and-guns","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/estate-planning\/dementia-and-guns\/","title":{"rendered":"Dementia and Guns: Plan Now to Protect Later"},"content":{"rendered":"

You plan a lot of things. You plan for medical expenses by purchasing health insurance. You plan for incapacity when you sign <\/span>powers of attorney<\/span><\/a>. You plan for an orderly transition of your estate when you execute a <\/span>will<\/span><\/a>.<\/span><\/p>\n

But do you have a plan in place for your firearms?<\/span><\/p>\n

Planning for Your Firearms Matters<\/span><\/h2>\n

It is not a frivolous question. A 2017 Gallup poll concluded that there were 110 million gun-owning households. Nearly half of all seniors either own a gun or have a gun located in their home.<\/span><\/p>\n

If that describes you, then consider one more statistic: you have a 1 in 3 chance of suffering from <\/span>dementia<\/span><\/a> if you live into your 80s.<\/span><\/p>\n

You may be a responsible gun owner now, but if you later develop Alzheimer\u2019s or another type of dementia, all bets are off. It is not uncommon for a person suffering from dementia to experience delusions, fear, rage, and paranoia. Throw a gun into the mix\u2026<\/span><\/p>\n

Guns, Dementia, and the Law<\/span><\/h2>\n

The Federal Gun Control Act of 1968<\/span><\/h3>\n

The few laws out there are not very helpful. <\/span>The Federal Gun Control Act of 1968<\/span><\/a> makes it illegal for a person who has been adjudicated as a \u201cmental defective\u201d or has been committed to a mental institution to possess firearms or ammunition. That means a court, or an agency, must find that you lack the mental capacity to contract or manage your own affairs.<\/span><\/p>\n

The problem, of course, is that most people with dementia have not gone through a court or agency proceeding that finds they are a \u201cmental defective.\u201d If there is no adjudication, then there is no barrier to owning or possessing a firearm under that portion of the Gun Control Act.<\/span><\/p>\n

Texas Concealed Carry Permits<\/span><\/h3>\n

On the state side, <\/span>Texas<\/span><\/a> prohibits anyone with \u201cchronic dementia\u201d from holding a concealed carry permit. If you live in Texas, then you already know the limitations of that law.<\/span><\/p>\n

Title II of the National Firearms Act<\/span><\/h3>\n

Then there is the extra complication of Title II weapons. These are firearms that fall under <\/span>Title II of the National Firearms Act<\/span><\/a> and include fully automatic weapons, suppressors, short-barreled shotguns, and others. You must have a special permit to own and possess these weapons. This, of course, means that few people could legally take possession of your Title II weapon if you become incapacitated.\u00a0\u00a0<\/span><\/p>\n

Being a Responsible Gun Owner Means Planning Ahead<\/span><\/h2>\n

That brings us to the inevitable conclusion: if you are a responsible gun owner, then you should have a plan in place for your firearms in the event you develop dementia or become otherwise <\/span>incapacitated<\/span><\/a>.\u00a0<\/span><\/p>\n

\u00a0What should you be doing now?<\/span><\/p>\n