Obama regime prohibits disabled veterans from owning firearms & ammunition

veterans

In the United States, each state has their own laws governing firearms. According to Wikipedia, “In many cases, state firearms laws can be considerably less restrictive than federal firearms laws. This does not confer any de jure immunity against prosecution for violations of the federal laws. However, state and local police departments are not legally obligated to enforce federal gun law as per the U.S. Supreme Court’s ruling in Printz v. United States.”

State gun laws vary. For example, some states require gun owners to register; others don’t. Some states allow some form of concealed carry in public; others don’t.

Both the states as well as the federal government already restrict the sale or possession of firearms by individuals found (“adjudicated”) to be mentally ill or mentally incompetent. The federal law is 18 U.S.C. § 922(d), which states it is unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person “has been adjudicated as a mental defective or has been committed to any mental institution.” (For each state’s law on this, go here.)

Given this, one must ask why the Obama regime’s Department of Veterans Affairs (VA) now has taken upon itself the determination that certain veterans are “mentally incompetent” and therefore prohibits these veterans from buying, selling, owning, or transporting any firearm or ammunition.

Writing in Red Flag on Feb. 20, 2013, Michael Connelly, J.D., a constitutional law attorney and executive director of the United States Justice Foundation (USJF), claims he was contacted by veterans who have received a letter from the VA informing them that they are found to be “mentally incompetent” and are thus forbidden “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).”

The letter provides no specifics on the reasons for the VA’s finding of incompetency; just that it is based on a determination by someone in the VA.

Connelly points out that:

“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…’.

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.”

Here are the scanned images of the 3 pages of a letter from the VA received by a veteran, posted on Red Flag. I’ve enlarged the images by 150% but they are still difficult to read. So I’ve transcribed the entire letter, which follows the images below.

VA1VA2VA3

Here is my transcription of the VA letter, which is colored green. I’ve highlighted in red the most relevant parts of the letter. Illegible/indecipherable words are represented as (…):

Department of Veterans Affairs
Regional Office
100 SW Main Street
Floor 2
Portland, OR 97204

December 20, 2012

IMPORTANT: Reply Needed

Dear Mr. (name blacked out):

We have received information showing that because of your disabilities you may need help in handling your Department of Veterans Affairs (VA) benefits.

This letter explains the evidence we received, what we must do with this information, the impact on you and your VA payments if we decide that you cannot handle your benefits, and when VA will make a final decision.

What Information Did We Receive?

We received a report from Portland VA Medical Center on December 3, 2012.

This evidence indicates that you are not able to handle your VA benefit payments because of a physical or mental condition.

What Will We Do With This Information?

We propose to rate you incompetent for VA purposes. This means we must decide if you are able to handle your VA benefit payments. We will have our decision on all the evidence we already have including any other evidence you send to us.

Before we make a final determination, you have the right to submit any evidence, information or statement that presents your side of the case within the next 60 days. Our policy is to assist a person with his or her claim in every reasonable way. We want you to have every benefit that you are entitled to under the law.

What Happens If You Are Rated Incompetent?

If VA decides that you are incompetent to handle your benefit payments, VA may appoint a fiduciary (payee) to manage your VA payments. All your VA payments will be made directly to your fiduciary. This person or institution must use your VA payments for your personal care and is responsible to VA for how the payments are used.

Page 2

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).

If we decide that you are unable to handle your VA funds, you may apply to this regional office for the relief of prohibitions imposed by the Brady Act with regards to the possession, purchase, receipt, or transportation of a firearm. Submit your request to the address at the top of this letter on the enclosed VA Form 21-4138, Statement in Support of Claim. VA will determine whether such relief is warranted.

What Should You Do?

If You Agree: You do not need to do anything if you agree that you need help managing your VA money. We will make our final decision, tell you what we decided, and who will be your fiduciary. However, if you want us to make a final decision without waiting the full 60 days, please tell us to do so in the attached VA Form 21-4138, Statement in Support of Claim. You should specifically state, “I do not have any evidence to submit and I want you to make a final decision without waiting the entire 60-day due process period.”

If You Disagree: You must send us medical evidence (such as a doctor’s statement) that says you are able to handle your own financial affairs in a responsible manner, if you believe you are able to handle your VA benefits without anyone’s help. You should send us this evidence within 60 days from the date at the top of this letter.

Personal Hearing: You may request a personal hearing within 30 days from the date at the top of this letter to present evidence or argument on any important point on your claim. We will arrange a time and place for the hearing. You may bring witnesses who have personal knowledge of the circumstances. We will consider their testimony and keep it as part of our permanent records. We will furnish the hearing room, provide hearing officials, and prepare the transcript of the proceedings. We cannot pay for other expenses of the hearing because we hold a personal hearing only upon a claimant’s request.

Representation: An accredited representative of a veterans’ organization or other service organization recognized by the Secretary of Veterans Affairs will represent you without charge. An agent or attorney may also represent you. An agent or attorney can charge you for service performed on or after the date of a final decision by the Board of Veterans Appeals (…) USC (…)

When Will We Make a Decision?

If we don’t hear from you within the next 60 days, we will assume you have no additional evidence and do not want a hearing. After those 60 days we will make our decision using the evidence we already have and tell you our decision.

Page 3

Register Now for eBenefits

As a registered (…) user you can assess personalized VA information, apply for benefits online, and check VA claim status. For registration information:

  • Call 1-800-827-1000 and select option 7 or;
    Contact us at (…) va.gov or;
    Visit the VA Regional Office at the address listed at the top of this letter

How Can You Contact Us?

If you are looking for general information about benefits and eligibility, you should visit our web site at http://www.va.gov. Otherwise, you can contact us in several ways. Please give us your VA file number…when you do contact us.

  • Call us at 1-800-827-1000 (…)
    Send us an inquiry using the Internet at https (…)
    Write to us at the address at the top of this letter

We look forward to receiving your claim in a fair and timely manner’

Sincerely yours,

K. Kalama
Veterans Service Center Manager
Enclosure: 21-4138
cc: OREGON DEPARTMENT OF VETERANS AFFAIRS

H/t FOTM’s friend Miss May.

~Eowyn

11 responses to “Obama regime prohibits disabled veterans from owning firearms & ammunition

  1. Hi Dr. Eowyn,

    Thank you for posting this story. I just saw it on Drudge Report, and was going to do the same thing, but decided to be sure not to if anyone else was working on the story.

    This should set off huge alarms about the administration’s true intentions. We are moving toward a dictatorship.

  2. Reblogged this on DeborahBidwell's Blog and commented:
    and if this was happening in any other party or group of a party the MSM would be all over this

  3. That is REALLY creepy! Thanks for transcribing the full letter.

    This snip, below, from an email-group I saved & posted about a year ago, may shed some light on how/why the above person received the letter. The mysterious info the VA “received” about the veteran may have been the result of doctor/nurse interrogating the veteran/patient. If the veteran ever admitted to being “stressed,” then he was up the creek from that point.

    There were 3 short testimonies of similar doctor/nurse interrogations in the email but this was the only one from a veteran:

    “…from a Vietnam Vet and retired Police Officer:  I had a doctors appointment at the local VA clinic yesterday and found out something very interesting that I would like to pass along. While going through triage before seeing the doctor, I was asked at the end of the exam, three questions: 
    1. Did I feel stressed? 
    2. Did I feel threatened? 
    3. Did I feel like doing harm to someone? 
    The nurse then informed me, that if I had answered yes to any of the questions, I would have lost my concealed carry permit as it would have gone into my medical records and the VA would have reported it to Homeland Security. Looks like they are going after the vets first. Other gun people like retired law enforcement will probably be next. Then when they go after the civilians, what argument will they have? Be forewarned and be aware. The Barack Hussein Obama administration has gone on record as considering veterans and gun owners potential terrorists. Whether you are a gun owner, veteran or not, YOU’VE BEEN WARNED! If you know veterans and gun owners, please pass this on to them.”

    ***

    Reposted here last year:
    April 2012:  What Will “Big Brother Doctor” Ask You Next?
    http://fastingparadise.wordpress.com/2012/04/22/what-will-big-brother-doctor-ask-you-next/

    • Wow. That’s frightening.

      Thanks, TPR, for this information. Veterans: Be careful how you answer your doctor’s or nurse’s questions!!!

      • You’re welcome, Dr. E. I added a “Hot Update” to the original 4/2012 post this morning, & included your headline & link so people can see for themselves the steady “progression” of Big Brother & the REgression in American life.

        Especially creepy in that VA Letter, besides the gun info, is that they want to assign someone to handle the vet’s benefits! That’s one way for the govt. to keep tabs on what you’re buying!

  4. The bureaus of the government are making big decisions, without consulting the public, the ones they serve. Administrative agencies are hacking their way into our consciousness. They make their own set of rules. As long as there’s funding, it will continue. I for one am against this letter campaign.

    • Yup, another autocratic “ruling” by an unaccountable bureaucrat that has the force of law and can mean felony time for breaking it. Gee, I thought a law had to be passed by both houses of Congress and signed by the President to be effective… but that must be that old “racist” Constitution talking, not Democrat “social justice” Rule of Men.

  5. Absolutely draconian and absolutely Obamofascist! As a veteran myself, I am highly, I cannot emphasise this enough, HIGHLY OFFENDED by this action. As a current National Guard NCO with a total of 22 years service, (8 years of which was active duty) I am, most likely going to retire within the next month or so out of concern for the direction our country has taken since the “Chocolate Jesus” first occupied the Oval Office back in ’08. And Hell No! I will not be giving up my guns to these criminal elements of our so obviously criminal government.

    We need regime change now, not in 2016!

  6. Another damn good reason to stay out of the VA.

  7. The only reason they are being denied their rights is because our lovely gov’t does not want able -bodied marksman aiming back at them when the bell rings . Socialist gov’t , much like crony – capitalist HATE COMPETITION . ( John D. Rockerfeller statement from long ago ……” COMPETITION IS BAD “)…Another version of death by a thousand cuts and incrementalism ..

  8. This whole thing is so profoundly frightening! This makes about as much sence as labeling the Fort Hood shootings–work place violence.

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