Veterans are receiving letters from VA prohibiting the ownership or purchase of firearms

RedFlagNews.com ^ | Feb 21, 2013 | Michael Connelly, J.D.

[wesagain]

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?

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, .............

[DBeers]

Due process isn’t lost.

So there would be nothing wrong with the VA issuing death penalties? The obvious question -who will enforce such verdicts?

Innocent until proven guilty is NOT guilty until proven innocent.

[RedHeeler]

Hmmm. What I am talking about, is the fact; that NO OTHER GROUP OF US CITIZENS, have ever been subjected to a blanket policy, that removes their constitutional rights with absolutely no fact of wrong doing. Then be subject, to having to prove themselves, in US FEDERAL COURT against false accusations, so as to attain original status. Perhaps, WWII internment camps are an example. Yet, those internees were a least designated as potential enemies of the US. Yet, you fully support this abomination against our fellow disabled US VETERANS. Wow.

[101stAirborneVet]

Either you haven’t read anything I’ve written, or you are incapable of rational thought.

[RedHeeler]

Rest easy. Our conversation is over.

[TonyM]

A finding of incompetency is not tied to a diagnosis of PTSD. It’s primary use is in cases where a veteran is so mentally incapacitated, most often by dementia than anything else, that they need someone to oversee their VA benefit payment to ensure they are not taken advantage of. Why it is also used to take guns away beats me. The incompetency decision is based on a statement from a physician, usually a V A doctor. The VA has noticed too many doctors indicating vets can not handle their own funds (to cover their own butts probably) and have began looking for evidence to support the doctors statement and not making a decision only on one doctors statement.