vets being striped of 2nd ammendment rights!

||Downhome|| · #1 04/25/11, 05:21 PM

I appologise if this is in the wrong spot, mods move if nessary. if moved please PM me with new location.

This to me seems a huge slap in the face of the American people and those that put their life on hold and in jeopardy for this nation.

The VA just called and informed my Mother that my Father was deemed incompetent by the VA and that decision and the Brady bill prohibit him from owning any guns ???

I was not aware of this part of the law till now and maybe others here where.
It has been around a while now from what I researched and seems if I'm in the same home I to am prohibited from owning a Gun???

I need to look further in to this but I have a feeling that I will be coming up with a black ball list of various people and business that they are associated with.

fantasymaker · #2 04/25/11, 05:41 PM

Ok lets hear your argument for arming incompetent people?

||Downhome|| · #3 04/25/11, 05:53 PM

Quote:

Originally Posted by fantasymaker

Ok lets hear your argument for arming incompetent people?

its a sneak move, they (VA) can brand you at their discretion incompetent.
does it truly mean you are? not really! seems if some one was worried abought my old man they would of already gone this route huh???

many people could be perfectly capable of normal interaction and just as capable of interacting in the world but be labeled incompetent.

further more should what I found on my initial research that others in the house hold are also devoid of their 2nd amendment rights be true, well that just is not right.

the issue FM is it is a complete sidestep of DUE PROCESS!

Danaus29 · #4 04/25/11, 06:06 PM

You need to do some research on Michigan gun control laws. This site is a good place to start:
http://law.jrank.org/pages/11807/Gun-Control.html

Sonshine · #5 04/25/11, 06:10 PM

Seems like if the government wanted to control the people, vets would be some of the first ones they would disarm.

Windy in Kansas · #6 04/25/11, 06:10 PM

I'm sorry, but I believe that you have failed to give us the whole story. As an example of more to it----has your father ever been treated in a VA facility? Treated recently? Treated for certain ailments? During what era did he serve?

The VA simply calling up someone and saying they can no longer own a gun just doesn't make one bit of sense at all without at least having been in contact with the veteran at some point in time.

||Downhome|| · #7 04/25/11, 06:31 PM

windy for one its not just my father and I am really sorry I was not up on this.

yes he has been treated at the VA, like many. for what exactly not really sure but its been two years since he has.

he was having issues with his rectal region I do know, he went for years just on that issue. the doc diagnosed it as hemorrhoids and well it was rectal cancer. it spread through his intestine to his stomach and liver, after the gross INCOMPETENCE of the VA Doctor (ask any vet about the competence of the VA) he no longer sought treatment through them and has since had complications resulting from the lack of care suffered from the VA. he is now being treated by private practice and has been since his true diagnose (rendered through private practice)

he has a lawsuit pending against the VA so I assume this is one of their ploys relating to such a action? he most likely will not see a settlement due to his failing health.

I just thought some of you may like to be aware of this, if you where not already and again the TRUE POINT IS BEING DENIED DUE PROCESS which is a continuing trend in our country.

I need to do some more digging on this as again I was not aware such a thing was possible. I feel that it only takes a decision by a incompetent administration could be used to rob not only the veteran but family members of god given rights, WRONG.

||Downhome|| · #8 04/25/11, 06:40 PM

Quote:

Originally Posted by Danaus29

You need to do some research on Michigan gun control laws. This site is a good place to start:
http://law.jrank.org/pages/11807/Gun-Control.html

danus I'm aware of our laws here, but a big difference between a private doctor vs a government sponsored doctor, as well as a certain special designation for veterans.

you know if your arrested for a domestic violence (misdemeanor) you are prohibited from owning a gun (any gun) by state law 5 years and federal 10 years.

of course I believe that stems from the Brady bill also. and of course federal law trumps state so...

seems to me if someones bent on harming another competent or not there are lots of options besides guns. I just think they more likely to be caught with a gun.

Bearfootfarm · #9 04/25/11, 06:45 PM

Quote:

The VA just called and informed my Mother that my Father was deemed incompetent by the VA and that decision and the Brady bill prohibit him from owning any guns ???

I don't think that is true.

If I'm not mistaken, Federal law requires that decision to be made by a JUDGE.
And I don't think ANY provisions in the Brady Bill apply at all

http://www.saf.org/LawReviews/Dole1.html

Quote:

The currently enforced law is the 1968 Gun Control Act. This law was enacted in response to the tragic murders of Bobby Kennedy and Martin Luther King, Jr. It prohibits the purchase or possession of firearms by convicted felons, fugitives from justice, drug users and addicts, persons adjudicated mentally incompetent, illegal aliens, persons dishonorably discharged from the military, and anyone who has renounced his or her United States citizenship.

I'd consult a lawyer

Danaus29 · #10 04/25/11, 06:49 PM

If he already has a lawsuit pending would it be too much for the attorney to add slander and harassment charges against the VA? And I don't think telling you over the phone would have much value in any charges under the Brady Bill or state law. I would think they would have to send you something in writing.

||Downhome|| · #11 04/25/11, 07:00 PM

they are sending a letter, in the mean time all our guns are going into nearby storage.
I like your thinking danus , perhaps intimidation also?

I agree that is the proper thing to some degree BFF , again digging into it its been this way for a while at least since clinton, look for "veteran disarmament act."

heres a article that sets a little foot work

http://www.newswithviews.com/Pratt/larry81.htm

Ohio dreamer · #12 04/25/11, 07:04 PM

With that medical history, I'd question what medication he is on. It could be that something he is on causes him to fall into the "too incompetent to have access to guns" category. I know there are many drugs out there that limit ones freedoms/right because of the way the effect the body. That's the only thing I can come up with that is plausible. Might his current Dr be sharing records with the VA?

Good luck trying to figure this one out.

ETA: I hope the letter you are being sent clears the muddy water....but then again, it's coming from the government...don't hold your breath.

How Do I · #13 04/25/11, 07:06 PM

Maybe this will be of some help or at least point you in the right direction. Some tidbits of info in there.

VA - The NICS Improvement Amendments Act of 2007 - PDF

||Downhome|| · #14 04/25/11, 07:37 PM

thank you HDI , after reading through that I came across some other info also.

it seems that they (the VA) are doing what the law requires in a verbal and written notification required by the law, though the info I found leads me to believe the reason for the determination is not to strip him of any gun rights but a financial one.

In order to help care for him it seems my mother has applied for his VA benefits , by declaring him incompetent the VA can appoint a fiduciary to manage those funds.

what effect that would have on any settlement on the court case not sure.

copperkid3 · #15 04/25/11, 10:21 PM

Did your father 'confide' to someone in the VA that he owned guns or are they just 'fishing'???
Also, are you concerned that someone from the gooberment might come in the dark of night and
confiscate your weapons; hence the reason for moving them off-site?

MNBobcat · #16 04/25/11, 10:46 PM

Downhome,

Give this attorney a call and tell him your story. He specializes in firearms denials. He will answer questions and give you some direction without charging you. I don't think you pay him anything unless you decide to engage him.

MARC S. BERRIS
Segal, Roston & Berris, PLLP
250 Second Avenue South
Suite 225
Minneapolis, Minnesota 55401-2161
Telephone: (612) 332-3100
Facsimile: (612) 335-3578
E-Mail: marc@berrislaw.com
URL: http://www.berrislaw.com

seedspreader · #17 04/25/11, 10:52 PM

I've personally seen the VA do some pretty bold things, like hold people against their will when they were deemed "dangerous to themselves".

What they CAN do and what they DO are not always the same thing. I don't know your father's case, I'm just saying, a lot of authority will do whatever they want, or what they think they can get away with until challenged.

||Downhome|| · #18 04/25/11, 11:57 PM

Quote:

Originally Posted by copperkid3

Did your father 'confide' to someone in the VA that he owned guns or are they just 'fishing'???
Also, are you concerned that someone from the gooberment might come in the dark of night and
confiscate your weapons; hence the reason for moving them off-site?

ck3 if you read the link on post 13 and my post of 14 it may make more sense.
my mom offered up that info in the inquiry???

hes pretty much wheel chair bound and of no threat to anyone though should a confiscation squad show up,well they wont get my guns nor his as they pass to me!

why take chances ?

they can kiss my rosy white you know...

again it seems a ploy to control the benefits but there seems many others dealing with other issues!

thank you CF for moving the tread rather then locking or deleting!

I think many have not been made aware of such a oh I'm not sure what to call it???

perhaps some or many will be aware of these transgressions against our service people!

vote the JA's out, if they are tied to any one boycott!

its wrong,VERY WRONG!

Wolf mom · #19 04/26/11, 09:40 AM

"deemed incompetent" = mental illness = potential danger to self and/or others.

seedspreader: if one is deemed to be a danger to self (suicide) there's always an observation period (usually in a locked ward) of either 24 or 48 hours.

Here in AZ it's a state law that if you've been diagnosed as mentally ill you are not allowed to own/posess frearms. One aspect of mental illness is altered thought processes. I don't think the VA is "out to get you", and the no guns does not apply to others in the family

I think the title here is misleading & there's some "Chicken Little" going on.

**Tiempo** · #20 04/26/11, 09:44 AM

Contact your county veterans services advocate.