Veterans are receiving letters from VA prohibiting the ownership of firearms...


mmckee1952

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Written By Constitutional Attorney Michael Connelly, J.D.

How would you feel if you received a letter from the U.S. Government informing you that because of a physical or mental condition that the government says you have it is proposing to rule that you are incompetent to handle your own financial affairs? Suppose that letter also stated that the government is going to appoint a stranger to handle your affairs for you at your expense? That would certainly be scary enough but it gets worse.

What if that letter also stated: “A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition. If you knowingly violate any of these prohibitions, you may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act, Pub.L.No. 103-159, as implemented at 18, United States Code 924(a)(2).”?

That makes is sound like something right from a documentary on a tyrannical dictatorship somewhere in the world. Yet, as I write this I have a copy of such a letter right in front of me. It is being sent by the U.S. Department of Veterans Affairs to hundreds, perhaps thousands, of America’s heroes. In my capacity as Executive Director of the United States Justice Foundation (USJF) I have been contacted by some of these veterans and the stories I am getting are appalling.

The letter provides no specifics on the reasons for the proposed finding of incompetency; just that is based on a determination by someone in the VA. In every state in the United States no one can be declared incompetent to administer their own affairs without due process of law and that usually requires a judicial hearing with evidence being offered to prove to a judge that the person is indeed incompetent. This is a requirement of the Fifth Amendment to the U.S. Constitution that states that no person shall “… be deprived of life, liberty, or property without due process of law…”.

Obviously, the Department of Veterans Affairs can’t be bothered by such impediments as the Constitution, particularly since they are clearly pushing to fulfill one of Obama’s main goals, the disarming of the American people. Janet Napolitano has already warned law enforcement that some of the most dangerous among us are America’s heroes, our veterans, and now according to this letter from the VA they can be prohibited from buying or even possessing a firearm because of a physical or mental disability.

Think about it, the men and women who have laid their lives on the line to defend us and our Constitution are now having their own Constitutional rights denied. There are no clear criteria for the VA to declare a veteran incompetent. It can be the loss of a limb in combat, a head injury, a diagnosis of PTSD, or even a soldier just telling someone at the VA that he or she is depressed over the loss of a buddy in combat. In none of these situations has the person been found to be a danger to themselves or others. If that was the case than all of the Americans who have suffered from PTSD following the loss of a loved one or from being in a car accident would also have to be disqualified from owning firearms. It would also mean that everyone who has ever been depressed for any reason should be disarmed. In fact, many of the veterans being deprived of their rights have no idea why it is happening.

The answer seems to be it is simply because they are veterans. At the USJF we intend to find the truth by filing a Freedom of Information Act request to the Department of Veterans Affairs to force them to disclose the criteria they are using to place veterans on the background check list that keeps them from exercising their Second Amendment rights. Then we will take whatever legal steps are necessary to protect our American warriors.

The reality is that Obama will not get all of the gun control measures he wants through Congress, and they wouldn’t be enough for him anyway. He wants a totally disarmed America so there will be no resistance to his plans to rob us of our nation. That means we have to ask who will be next. If you are receiving a Social Security check will you get one of these letters? Will the government declare that you are incompetent because of your age and therefore banned from firearm ownership. It certainly fits in with the philosophy and plans of the Obama administration. It is also certain that our military veterans don’t deserve this and neither do any other Americans.


-- Michael Connelly, J.D.
 

The current adminstration wants to cut costs by making veterans afraid to use medical services?

Please mmckee, is there a link to this source? It sounds bogus to me.
 
Unfortunately Connelly will likely lose base on the premise that if you receive a benefit from the Government... My responds is take your benefit and stick it where the sun don't shine!
 
If your VA doctors or staff start asking questions about whether you have firearms in your home, DO NOT GIVE THEM AN ANSWER! It is none of their business, at all, and they can not make you answer the question. Do not lie to them, just make it clear that question is out of bounds.
 
i go to the va a lot and so far no one has ever asked me. Not just them but anyone who ever ask that question i would never anwser it!!
 
I was lurking the forum out of curiosity and found this thread to be interesting so here's a long first post:

I suspect that the real reason that the Obama regime is doing this has to do with their paranoia. They are just as paranoid as the people they accuse us of being; they see armed civilians and military veterans as the greatest threat to their power. Veterans especially, because we are well trained and have been bound by an oath that demands allegiance to the constitution and obedience of lawful (not unlawful) orders. This is the same reason that Napolitano described a the profile of a domestic terrorist as a veteran returning from Iraq or Afghanistan. It's also the same reason why the DHS is buying and stockpiling millions of rounds of ammo to keep demand up as well as to stockpile due to the regime's paranoia.

This is old news to me; I've heard of it happening before (within the last 4 years). This is part of the reason why I have yet to claim partial disability for a non-mental health related issue. I feel that one thing could lead to another and there doesn't appear to be any criteria in making the determination that someone is mentally incompetent.

Also even the Brady law specifies that this applies to people who have been adjudicated (meaning by a judge) as mentally defective or have been committed to a mental hospital (meaning not self admitted). This policy is a worse interpretation of an already bad but at least straightforward law.

There's also an ethical issue here on the part of the VA. I could be wrong but I though it was considered unethical for any doctor to make a determination or diagnosis for a person he or she has not seen as a patient. This type of information is also supposed to be confidential. I've never been asked if I owned weapons by the VA, but I think the main concern is that it's the diagnosis of things like PTSD or depression that are being used for things other than what they are meant for; these information should be need to know and only used by medical personnel involved in your specific treatment.

Also, I'd be downright insulted if I was labeled "defective" or "incompetent" especially when I can hold a job, pay my bills without government assistance, show up to work every day and also be two classes away from a master's degree. The real defective people are the ones that feed off of the welfare system and helped Obama get re-elected.
 
Any one seen this new or at least new to me, Senate Bill No. S-443? I is from an email I received via Dudly Brown's org. I did not see it posted so just giving a heads up. Let me know what you think.
 
FYI, the website POPVOX.org lists the various bills being pushed in both the House and Senate. You are also able to give input through the site to your eleted officials. I have gotten more response through there than direct mailings to their Washington offices.
 
EXPLOSIVE -- VA To Veterans: If You're Late Paying Bills, We Will Prohibit You From Ever Owning A Firearm...

By: Michael Connelly, Constitutional Attorney and United States Army Veteran

Since I wrote the article titled “Disarming America’s Heroes” I have been inundated with emails and phone calls from veterans and the families of veterans. The horror stories I am hearing are proof that the VA and the Obama administration have launched an all out assault on the Constitutional rights of our nation’s wounded warriors and other veterans.

Veterans are being declared incompetent not because they have a serious mental illness that makes them a danger to themselves or others, but because they have a physical disability resulting from their service in the armed forces or because they simply let their spouses pay the family bills.

If veterans have minor issues with PTSD, have expressed that they are depressed sometimes, or even in the case of Vietnam veterans admit that they are getting older and sometimes forget to pay their bills on time, the bureaucrats at the VA will seek to declare them incompetent. (I am a 65 year old veteran and often forget where I put my car keys, does that make me incompetent to handle my own financial affairs and even worse mean that I can’t own a firearm?) According to the VA it apparently does.

All of this has resulted in America’s heroes being declared incompetent by a process that blatantly violates their rights to due process under the Fifth Amendment to the Constitution. Then, for reasons that have not been explained these same veterans are also being denied their Second Amendment right to keep and bear arms.

Many of the veterans I have heard from were initially both scared because of what was happening to them, and hurt because it is their own government that is causing this fear. After all, when they joined the military they signed a blank check to their country to defend it and its Constitution even if it cost them their lives. Yet, now their own government is turning on them and taking from them the very Constitutional rights they fought to preserve.

However, now something else is happening; the fear and betrayal that these veterans felt is turning to anger. Their training and instincts as warriors is coming forth and they are once again prepared to fight for their rights and the rights of other Americans. I think that the Obama administration has picked a fight with the wrong dog. Veterans are fighting back.

As Executive Director of the United States Justice Foundation ( | United States Justice Foundation) I am committed to helping these veterans and protecting their Constitutional rights. We are putting together a top notch legal team that is already exploring several potential avenues including administrative procedures and a class action lawsuit.

It will be a huge undertaking since we have veterans who have just received the letter telling them that the VA is considering declaring them incompetent, veterans who have already been declared incompetent and lost their Second Amendment Rights, and even veterans who have gotten the incompetence ruling reversed, but are still blacklisted when it comes to buying firearms. There will be no charge to any veterans or their families that we represent. We will raise the money to finance our efforts from private sources.

There are those detractors who claim that the letter from the VA is not real even though several reporters have contacted me and said they have talked to representatives of the VA and it is confirmed that it is sending out these letters. The VA apparently downplays this by saying it is not a big deal. I suggest that to the veterans who are losing their rights it is a very big deal and we intend to join them in the fight.

If you are a veteran or have a friend or family member who is a veteran and has received one of these letters or already been declared incompetent, please contact me and the USJF. We intend to come out swinging. Our veterans deserve nothing less.
-- Michael Connelly, Constitutional Attorney and United States Army Veteran
 

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