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.
Executive Director, United States Justice Foundation
Follow Us: @redflagnews on Twitter
The VA is not our friend, never has been, never will be.....Most of the draft dodgers who went to Canada and returned under Jimmy Carter had to do 2 years alternative service and guess where a lot of them are today.....Yup, the VA.....Nuff said....
Twana: Could someone Verify this message on "RED FLAG.com? How about a photo copy of a letter,
not need to know who.
better site that 'redflag.com' GIVE ME A BREAK, WHO COMES UP WITH THESE NAMES?
And many would not return to do the 2 years, rather became Canadian citizens. They hated America. I was under the impression that Canada got some of our cream of the crop intellectuals, some were, but many of these had schooling in the Marxist and communist camps of higher education. Many draft dodgers were "same sex attraction" cult sodomites who tried to get out of the military draft by saying that they were religious or philosophical pacifists. When they were not exempted, they went to Canada. The FBI has an accurate list of draft dodgers; at that time, the FBI followed up on their whereabouts, mainly to find them if they returned to the US.
I never go to the VA. Have never even been to it. Nor do I intend to. Guess I'm a veteran slipping through the cracks that Obozo doesn't want to know exist.
My best friend (who was an Air Force pilot in Nam) goes to the VA hospital and has nothing but good to say about his treatment there. A group of doctors saved his life three years ago. Within a year the VA doctors stabilized his condition and he was back working an active normal day. He said that his care was above average and he was grateful.
Clare, its not so much the care-givers in the VA system as it is higher echelon administrative positions...with that said, I still cannot defend a large, corrupt system as we have with the VA........
Let us not get our knickers in a knot about this before we know what is really going on. Just for the record, I come from a town in Oregon that has a VA Hospital. While I was Commander of my VFW Post and Commandant of my Marine Corps League Detachment, I along with many of our members spent many many hours volunteering at the VA Hospital helping Vets in many ways. I can truthfully say that as a former Federal Auditor and Regional Inspector General with equivalent rank as the Administrator of that VA Hospital, and as a member of the County Veteran's Advisory Board, I let that Administrator know that we would bring to the attention of whomever necessary to see to it that the Veterans were treated proplerly and fairly not to mention professionally. Did that hospital have veterans that were considered incompetent to manage their own affairs? Yes it did and that was as far back as 1998 when I became involved in Veteran's groups and activities at the Hospital. In fact, I knew of only one, a female Marine Veteran suffering from a number of maladies being treated on a regular basis. She had sought coverage for a number of years and only received her support and a large back payment settlement after much effort on her behalf. However, because of her health condition, (she was able to own property, drive a car, or move as freely about as she wished. However, she was declared incompetent to manage her own affairs and she was required to get approval before investing any of her funds for a home, a car or any other large expenditures. To my knowlege, and to her credit, she early realized that indeed she could not make appropriate decisions although one would not truly believe this on a basis of daily interaction with her particularly when she participated in volunteering to assist other veterans at the VA Hospital. She did receive a letter back then about the same thing, stating that because she was incompetent to manage her own affairs she could not own any weapons or guns. She did own a shotgun which because she knew me she asked me to buy from her which I did even though I did not need nor want the shotgun she possessed. I did it to keep her from being cited for owning a gun and to help her as a fellow veteran.
Now that being said, let me also add that I knew and was aware of many other Veterans who suffered from PTSD and were considered and ruled 100% disabled. Not a one of them received a letter such as this and all of them owned and used guns for self defense of themselves and their homes. None committed suicide, that I knew or knew of and none even worried about receiving such a letter. All knew that it was possible because the news spread rapidly when the FBI made known to the VA that they expected the VA to provide names of all such persons (including veterans that had suffered or had been ruled totally disabled with PTSD. When I learned of the FBI agreement with the VA to report such veterans, I immediately protested this action to the National Commander of the VFW. I received a curt and totally unresponsive letter back to the effect that the VFW was concerned not with whether the Veterans could own guns but with their overall well being and they would not intervene in any way with this decision of the VA to inform the FBI of Veterans classified as unable to manage their own affairs.
It was then and shortly thereafter I resigned as Commander of my Post and concentrated my efforts on the Marine Corps League. I did retain my life membership in the VFW and still believe in large measure what they do. I just do not believe they stood up for Veterans on this issue. So again that said, let us let the attorneys get the information to see if indeed Obama has seized on this to begin disarming even more veterans because if he has then he need not be forgiven this one for even though he knows not what he is doing. Then when the verdict is in for certain, we will have a clear path to follow. And for the record, I still believe the FBI and VA did not and does not have the best interests of our veterans in mind with this kind of thinking and action and neither does Obama.
Richard , My background is somewhat like yours .
In the last two days I've contacted close to 50 Veterans about what they've heard on the issue . Most have been in contact with others and no one has heard a thing . I find that remarkable . Belonging to 3 Vet groups and most on some assistance medically I've been a bit suspect of this attorney . Also our Assembly has gotten into the fray with 2 of our investigators both pretty high caliber and they have found nothing and both are Vets . They called me tonight with no evidence . That's not to say this is a hoax but certainly suspect at this time .
Claire B , My experience with the VA has been good to very good with one exception in Seattle which was almost criminal . I've thanked God more than once that the VA were there when I needed them .
As with most bureaucracy it screws up at times and some I know have had a hard time .
Right now I'm not paranoid about this but then I don't have that problem and never have . We'll just have to deal with it if and when it comes and I'll be on that list if indeed there is one .
I have to assume there must be something to this since it made the Drudge report. However, it may not be as wide spread as we have thought or perhaps it is restricted to very recently returned vets.
Get prepared for the war.
This is more than an insult. Breach of his Oath of Office. I am a 20 year veteran of the US Army.
Retired CW3. I pray I don't get a letter like that.
By like I mean this is a well written SWAG. In some respects this is an extension of what has already been written in Official Govt.Reports passed to Law enforcement. In some respects it is an extension of Elana Kagins policy at Harvard when she banned the ROTC..and in some respects it is just an extension or transfer of the Communist Party dialectic that young BO was "drawn to" as a College boy.But it is nice to know