Blog posts : "2nd amendment"
For four years I have been working with my team at the United States Justice Foundation, www.usjf.net representing America’s heroes, our military veterans who are being denied their constitutional rights under the Fifth Amendment to due process, and under the Second Amendment to keep and bear arms.…
When I learned that Omar Mateen, the Islamic terrorist who killed 49 Americans at a gay bar in Orlando, Florida and wounded 53 others was a security officer working for a company called G4S I decided to do some research on this company. What I have found is not only disturbing, but downright terrify…
As the 2016 election process unfolds there are two candidates vying to be the nominee for President in the Democratic Party this fall. One is a 74 year old socialist fan of the former Soviet Union who espouses that America adopt a form of government that has failed in every country that has ad…
Columbine, Virginia Tech, Aurora, CO. theater, Newtown, Connecticut, Charleston, SC, Chattanooga, TN, the Lafayette, LA theater and now Roseburg, OR. All sites of mass shootings in the United States during the last eight years, and all occurred in so-called gun free zones. Universities, schools, mal…
For over two years the United States Justice Foundation (www.usjf.net) has been working with veterans trying to help them protect their Fifth and Second Amendment rights. The more we learned the worse it got. Then about a year ago we started filing legal memorandums opposing new rules and regulation…
For months we at the United States Justice Foundation (USJF) have been involved in a protracted battle with four federal agencies over FOIA requests that we made regarding the denial of Second and Fifth Amendment rights to American veterans. At the time we made the requests we knew there were four f…
I may not always be the brightest candle on the cake, but it doesn’t take a wall to fall on me for certain things to come clearly into focus. That is what has happened in the last few weeks as we at the United States Justice Foundation (USJF) have continued to move forward with our investigation int…
Barack Hussein Obama masquerades as the President of the United States when in fact he considers himself Emperor of the World. He took an oath of office to “preserve, protect, and defend the Constitution of the United States” and then began violating that oath as soon as he was sworn in.
I have reported on this blog that as Executive Director of the United States Justice Foundation I worked with one our media partners to file four Freedom of Information Act (FOIA) requests to four U.S. government agencies. These four agencies are the Veterans Administration (VA), the FBI, the Depart…
It is official. 2015 is the year that progressives will make an all-out push to quash the Second Amendment and disarm the American people. I have been reporting on my blog for the last several years about the ground work that has been laid including the escalating efforts to disarm our…
On February 20, 2013 I wrote and posted the first article on my blog titled “Disarming America’s Heroes” detailing what was happening to veterans who were being denied their Second Amendment and Fifth Amendment rights. It was reposted on many websites and within a few days attacked on Michelle Malki…
There are an estimated 130,000 to 200,000 U.S. Military veterans homeless on any given night. These are America’s heroes who fought for us and our freedom and they don’t have a place to live. But, fear not, the Obama administration has a message for our homeless veterans; “drop dead”, we have ille…
For months now I have been writing about the relentless assault by the Obama administration on our military and veterans. However, I now must modify my observations since it is no longer just an assault. It is now an all-out war.
In previous articles on this blog I have discussed the Vete…
This is the response that I and other United States Justice Foundation attorneys prepared and submitted in opposition to some very dangerous proposed amendments to ATF regulations. These could cause millions of Americans to be denied their Second Amendment rights.
Subject: Comments …
I have been writing, speaking and doing radio interviews for months about what is happening to our military veterans who are systematically being robbed by the Veterans Administration of their Second Amendment right to keep and bear arms and their Fifth Amendment right to due process of law. I have …
On June 25, 2013 I posted an article on this blog titled “Psychiatry as a Weapon of Tyranny” and I pointed out the history behind using an ever broadening definition of mental illness as a way to disarm and ultimately imprison the potential enemies of dictators throughout history. I also pointed out that his technique was being used against American military veterans, and with the IRS now having access to the medical records of all Americans, this type of action would be broadened to include many more U.S. citizens.
Now, Obama has issued two new illegal and unconstitutional Executive Actions on gun control that attempt to codify my predictions into law. The new EAs exempt the states from complying with Federal privacy laws and encourage states to disclose confidential medical information to the FBI so that more people can be placed on the NICS and prohibited from purchasing firearms.
This is despite the fact that in order to legally be placed on the NICS list an individual must be a convicted felon or legally adjudicated to be mentally ill to the point of being a danger to themselves or others. Obama and the Veterans Administration are already bypassing the legal adjudication process when it comes to veterans and now with these new EOs will do the same thing to many other Americans.
The Constitutional implications of this are obvious and rampant. First, Obama has violated both Article 1 and Article 2 of the Constitution that establish the balance of powers existing between the Congress and the Executive Branch of government. Under Article 1 the Congress has the exclusive power to pass laws and Article 2 requires the Executive Branch (the President) to enforce those laws. The President is routinely violating these provisions by choosing which laws to enforce, amending existing laws without congressional approval, and making new laws by Executive Order.
Second, federal laws require the states and the medical community protect the privacy of individual medical records. This has now been waived by the Obama Executive Orders that he had no constitutional authority to issue. This also violates the Fourth Amendment prohibition against illegal searches and seizures.
Third, the Fifth Amendment to the Constitution prohibits the government from depriving citizens of life, liberty, or property without due process of law. By placing veterans and other Americans on the NICS list without a legal adjudication of mental illness causing them to be a danger to themselves or others they are being denied liberty and property without due process.
Last, but certainly not least, the U.S. Supreme Court has twice ruled that the right to keep and bear arms is an individual right, yet this right is routinely being denied to veterans and other Americans simply because Obama and his minions want all of us to be disarmed. A disarmed population is a population that cannot effectively resist tyranny.
Since Congress has repeatedly refused to pass gun control legislation Obama is invoking the mental illness card to accomplish the mission. If you have ever told your doctor you have been depressed, ever suffered from PTSD after being in an accident or losing a family member, or even in the past taken certain types of medications for things such as ADD you may be denied your Second Amendment rights.
The Obama administration has also changed the definition of adjudication of a mental illness from requiring an action by a board, commission, or other lawful authority to allowing anyone in the VA or other government agency to find someone incompetent or mentally defective.
There is no longer any due process required and while military veterans are still the primary target, the ultimate goal is the disarming of all Americans. This mirrors the actions of the Nazi party in Germany and other dictatorships that have used alleged mental illness to disarm, imprison, and control their populations.
The groundwork is being laid to have the very act of gun ownership be declared a mental illness. That is why the lawsuits we at the United States Justice Foundation (www.usjf.net) are working on for veterans are so critical. If the efforts of the Obama administration are successful at disarming veterans the rest of the population will also be vulnerable.
I have written extensively about the horrendous and ongoing efforts by the Veterans Administration to disarm American military veterans by declaring them incompetent to handle their financial affairs due to physical or mental disabilities. Once declared incompetent the veterans are arbitrarily stripped of their Second Amendment right to purchase, own, or possess a firearm.
This is all being done by broadening the definition of mental illness to the point of absurdity. Often with the VA there is no psychiatrist or psychologist involved in the determination of incompetence. Instead, some untrained bureaucrat reviews the file of the veteran and if they find any mention of PTSD or the use of the word depression they seize on that and make the declaration of incompetence. There is no legal adjudication process involved in this; the veterans have no right to due process as required by the Fifth Amendment to the Constitution. It is tyranny in its purest form.
Unfortunately, what the VA is doing is not new. The use of phony psychiatry has been a weapon of tyranny for decades. In dictatorships like Nazi Germany, the Soviet Union, Cuba, and China people who opposed the regime would be declared mentally ill and placed in psychiatric hospitals or internment camps. That way no charges had to be filed and no evidence offered that an individual had committed a crime.
For the Nazis it was initially a perfect way to deal with the Jews and other groups that they considered sub human. If you were Jewish you had to mentally defective and therefor you could be put in a hospital and experimented on. It was the beginning of the holocaust. In the Soviet Union anyone who was not a devout supporter of Communism was held in an institution and then often sent on to the Gulag where they could be worked and starved to death.
We have certainly not reached that point in the United States, but we have reached the point where the basic premise is the same. The VA is using declarations of mental illness to disarm veterans and there have been reports of states like California doing the same. If it happening to veterans now how long will it be before it starts happening to other American citizens?
Consider this; soon those stalwarts of integrity who run the IRS will have access to the medical records of every American. They will be able to review them to see if you have ever told a doctor that you were depressed, ever suffered from PTSD after the loss of a loved one or from being in an accident, or even suffered from some minor memory loss. Based on the criteria being used by the VA the IRS could declare you mentally defective and put you on the list of people that can’t legally purchase or own firearms.
You also have to consider the fact that one of the 23 so called executive actions on gun control Obama recently signed called for doctors to ask their patients if they owned a firearm. This is not just directed at psychiatrists, but at all physicians including pediatricians. In other words, if your child confesses that Mommy and Daddy have a gun in the house that could conceivably be considered the actions of mentally defective individuals and you could be disarmed. Once we are disarmed we cease to be citizens and become subjects.
With Memorial Day approaching Americans should be preparing to honor our veterans and military heroes currently fighting for us as well as remembering those we have lost. This honor should be especially due from our own government that has sent these brave men and women off to war. Unfortunately, the opposite is true. It is clear that the Federal government has declared war on our veterans and is intent on denying them the very Constitutional rights they fought to protect.
First there is the ever widening scandal involving the systematic denial of veterans Second Amendment right to keep and bear arms and their rights to due process under the provisions of the Fifth Amendment. This is being orchestrated by the VA which sends out letters to veterans telling them that because of physical or mental disabilities the VA is going to declare them incompetent to handle their own financial affairs and appoint a fiduciary to represent them.
Then in the same letter the veterans are told that “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).”
An estimated 150,000 veterans are now on the NICS background check list and cannot legally purchase firearms. I believe that the vast majority of them do not belong on the list and many of the veterans don’t know why they are there or even that they have been placed on the list. The only legitimate reasons for veterans to lose Second Amendment Rights is if they have been convicted of a felony, are known drug addicts, or been found to be mentally ill to a point where they are a danger to themselves or others.
The veterans that are being represented by the United States Justice Foundation (USJF) are reporting to us that they are being declared incompetent for having minor depression, PTSD, or simply because they let their spouses pay the family bills. Some veterans are reporting that if they try to fight the VA determination of incompetence the VA either threatens to withhold their payments or actually has done so. This is extortion since many veterans rely on their VA payments to feed themselves and their families.
The VA has refused to respond to several requests made under the Freedom of Information Act (FOIA) for information about the criteria being used to declare veterans incompetent and deny them their Second Amendment rights. The USJF has filed a suit to force the VA to turn over this information and will soon be filing a class action suit on behalf of veterans to stop the whole process.
This suit is the last chance these veterans may have since the bill introduced by Senator Richard Burr (R.NC) to protect the gun rights of veterans was recently defeated by the Democrats in the Senate.
There are at least three other attacks taking place on our veterans. The first has been the subject of a series of reports by the Fox News and ABC affiliates in Dallas, Texas which last fall reported that veterans going to the VA hospital were either having to wait for months to get treatment for serious illnesses or in some cases being denied effective treatment entirely. Two veterans were found to have committed suicide, one on the hospital grounds, because they were not being properly treated for their severe problems.
The second problem for our wounded warriors has been exposed in a series of reports by the Colorado Springs Gazette. According to the paper an extraordinary number of veterans who have received traumatic wounds, been treated and latter returned to their units, have ultimately received less than honorable discharges from the military for alleged misconduct. Once that happens, the soldiers can no longer receive treatment from the VA for their wounds or illnesses and they can’t receive any other benefits.
Reporter Dave Philipps stated in his article that: “It doesn't take serious misconduct to be discharged and lose a lifetime of benefits. The Gazette found troops cut loose for small offenses that the Army acknowledges can be symptoms of TBI and PTSD. Some soldiers missed formation a handful of times or smoked marijuana once. Some were discharged for showing up late or missing appointments. Some tested positive once for drugs, then were deployed to combat zones because the Army needed the troops, only to be discharged for the drug offense when they returned.”
In other words, wounded soldiers who have problems because of their injuries are rewarded for their combat service by getting kicked out of the military so the government will not have to fulfill its obligation to treat them.
Last, but certainly not least is the horrendous treatment the 32 members of the army who were wounded in the terrorist attack at Fort Hood, Texas on November 5, 2009. Since the Pentagon was ordered to be politically correct and label the attack by jihadist Nidal Milak Hasan as workplace violence instead of the obvious terrorist attack it was the soldiers who survived have been denied the Purple Heart medal for the wounds they received and denied the financial benefits that come with it.
According to a report on the NBC affiliate in Dallas some soldiers can barely afford to feed their families, yet Hasan has received his regular military pay since he was arrested and awaiting trial. The total pay so far is $268,000. His family has access to this money so our government is taking good care of the family of an Islamic terrorist and ignoring the families of our wounded soldiers. By the way, I join with the families of the 13 soldiers who died in the attack in asking why this man has not yet been tried for his crimes.
I am outraged by these actions of our government that dishonor our veterans and the debt we owe to them. This is developing into an additional scandal for the Obama administration yet many people are unaware that this is even happening. Please help me spread the word.
To my fellow veterans on this Memorial Day I can only say thank you for your service and I believe the American people will not let you be forgotten.
FOR IMMEDIATE RELEASE April 22, 2013
CONTACT: Michael Connelly, Executive Director,
firstname.lastname@example.org or (214)731-6280
The United States Justice Foundation (USJF) has filed the first of several lawsuits against the Veterans Administration (VA) involving the VA’s violation of Constitutional rights of veterans guaranteed by the Second and Fifth Amendment.
The initial lawsuit is to compel the VA to respond to two requests sent to the agency under the provisions of the Freedom of Information Act (FOIA).
The information requested included Veterans Benefits Administration (VBA) rules, regulations, and criteria for making “determinations of incompetency due to a physical or mental condition of a benefit recipient” and copies of all rules, regulations and criteria used by the VBA to determine that a veteran found incompetent for any reason can be “prohibited from purchasing or possessing a firearm.”
The statutory deadline for the VA to respond has passed so this litigation has become necessary.
Michael Connelly, Executive Director, said, “The USJF has received numerous complaints from military veterans around the country who are being declared incompetent to handle their own financial affairs and then told that they can no longer purchase or own firearms or ammunition. This determination is being made without due process protections for the veterans and the basis for the incompetency ruling is often arbitrary and without a factual or legal basis.”
The suit has been filed in the U.S. District Court for the Southern District of California. The USJF is also filing additional lawsuits on behalf of individual veterans whose Constitutional rights have been forfeited due to the actions of the VA. Connelly said that “the USJF will not charge the veterans or their families any fees or expenses for its representation. As a veteran myself I know that America’s heroes, many of them recovering from wounds do not need the additional pressure of having to pay to defend their rights.”
The USJF is a nonprofit, public interest, legal action organization, dedicated to instruct, inform, litigate, and educate the public on significant legal issues confronting the United States.