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Thread: Disarming Veterans

  1. #1
    Regular Member linerider69's Avatar
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    Disarming Veterans

    http://redflagnews.com/headlines/cri...n-rights-issue Does anyone else have a problem with this.

  2. #2
    Regular Member sharkey's Avatar
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    Yes and no.

    If you required a fiduciary to pay your bills are you still competent to carry?

    I'm not sure what physical disability could prevent you from paying your bills in today's day and age. I imagine even Stephen Hawking could pay his bills but a firearm would be useless to him. (Unless it was incorporated into his chair which would be cool!)


    In 2007 the Congress passed some ill advised amendments to the National Instant Criminal Background Check System (NICS). The amendments were in response to the Virginia Tech shooting, (which did not involve a veteran) and were designed to make sure that people adjudicated to be “mentally defective” were on the list. However, the disqualification criteria remained the same, a person had to be found to be a danger to themselves or others or “lacks the mental capacity to contract or manage his own affairs.”
    Since that amendment was adopted the VA has decided that all veterans that it declares “incompetent” to handle their VA payments are also ineligible to purchase or own firearms. There is absolutely nothing in the NICS criteria that states that those with physical disabilities belong on the list of individuals prohibited from owning firearms, yet the VA specifically states in their letter to veterans that this is part of their criteria. In addition, our investigation has found that the VA is using reasons such as minor depression, minor PTSD, and even minor short term memory loss as grounds for declaring veterans “mentally defective.” In some cases, the veterans are not even given a reason.
    Last edited by sharkey; 04-04-2013 at 03:31 AM.
    "Public opinion and votes have nothing to do with this. The challenge of the Court is not what they're going to do with votes. The challenge-- of the Court is are they going to protect people's rights." - Al Sharpton


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    An FUQ, please.

  4. #4
    Regular Member We-the-People's Avatar
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    Here's a FUQ from the link

    Quote Originally Posted by eye95 View Post
    The investigation included two separate requests to the VA under the federal Freedom of Information Act. We asked for the criteria used for appointing a fiduciary for veterans to handle their financial affairs and for information on the criteria for adding such veterans to the list of Americans ineligible to buy firearms. The legal deadline for a response from the VA has passed and our requests have been totally ignored.

    Quote Originally Posted by eye95 View Post
    Since that amendment was adopted [2007 NICS amendment] the VA has decided that all veterans that it declares “incompetent” to handle their VA payments are also ineligible to purchase or own firearms.
    The VA is overstepping it's authority. Their assertion that if they declare a veteran incompetent to handle their VA affairs it then makes that veteran a firearms prohibited person is wrong. It deprives the veteran of their constitutional right to due process. Considering that the VA has not released its criteria for making such determinations, the problem is even more dastardly.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  5. #5
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    Thank you for the courtesy of providing an FUQ since the OP did not.

  6. #6
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by eye95 View Post
    Thank you for the courtesy of providing an FUQ since the OP did not.
    No problem.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  7. #7
    Regular Member DamonK's Avatar
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    Re: Disarming Veterans

    Quote Originally Posted by sharkey View Post
    Yes and no.

    If you required a fiduciary to pay your bills are you still competent to carry?

    I'm not sure what physical disability could prevent you from paying your bills in today's day and age. I imagine even Stephen Hawking could pay his bills but a firearm would be useless to him. (Unless it was incorporated into his chair which would be cool!)




    Here's the thing about that. They can assign one to you whether you ask or not. Like in my case, I have a head injury. I forget stuff like words and organization type stuff sometimes. I'm still perfectly capable of carrying responsibly. But if they notice that I'm having a hard time keeping my finances organized, or miss a couple appts and that's it, not more competency for me. And this without a doctor or judge ever looking at it.

    Sent from my DROID4 using Tapatalk 2

  8. #8
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by DamonK View Post
    Here's the thing about that. They can assign one to you whether you ask or not. Like in my case, I have a head injury. I forget stuff like words and organization type stuff sometimes. I'm still perfectly capable of carrying responsibly. But if they notice that I'm having a hard time keeping my finances organized, or miss a couple appts and that's it, not more competency for me. And this without a doctor or judge ever looking at it.

    Sent from my DROID4 using Tapatalk 2
    And there lies the unconstitutionality. Due Process is required if the state wants to deprive a citizen of their rights. Due Process requires the judicial system, not a bureaucratic decision by who knows who.
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  9. #9
    Regular Member DamonK's Avatar
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    Re: Disarming Veterans

    Quote Originally Posted by We-the-People View Post
    And there lies the unconstitutionality. Due Process is required if the state wants to deprive a citizen of their rights. Due Process requires the judicial system, not a bureaucratic decision by who knows who.
    Yup, and there isn't a judge around that would declare me incompetent. Ask anyone on here that's met me. I may be a little onery sometimes, but I'm very much competent.

    Sent from my DROID4 using Tapatalk 2

  10. #10
    Regular Member sharkey's Avatar
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    Quote Originally Posted by DamonK View Post
    Here's the thing about that. They can assign one to you whether you ask or not. Like in my case, I have a head injury. I forget stuff like words and organization type stuff sometimes. I'm still perfectly capable of carrying responsibly. But if they notice that I'm having a hard time keeping my finances organized, or miss a couple appts and that's it, not more competency for me. And this without a doctor or judge ever looking at it.

    Sent from my DROID4 using Tapatalk 2
    Great point.
    "Public opinion and votes have nothing to do with this. The challenge of the Court is not what they're going to do with votes. The challenge-- of the Court is are they going to protect people's rights." - Al Sharpton


  11. #11
    Regular Member HeroHog's Avatar
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    Question

    What is a "FUQ"?
    Speedy: LOCAL League Sec/Treasurer, Information Officer
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    I don't have NEAR enough ammo on hand. `nuff said.

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  12. #12
    Regular Member ron73440's Avatar
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    Quote Originally Posted by HeroHog View Post
    What is a "FUQ"?
    It' a Fair Use Quote, used so we know what we are going to be going to and not just clicking blind links.
    What I told my wife when she said my steel Baby Eagle .45 was heavy, "Heavy is good, heavy is reliable, if it doesn't work you could always hit him with it."-Boris the Blade

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