Blog posts : "gun rights"
I will state this as clearly as possible; if we lose our right to keep and bear arms under the Second Amendment to the Constitution we will permanently lose our Constitutional Republic and our freedom. We will become the subjects of a government of elitists who have no tolerance for individual liber…
A fellow veteran sent me information about this today. He had received the information and questionnaire in the mail. It is from the Department of Veterans Affairs and is soliciting veterans to participate in the Million Veteran Project (MVP). It is a project supposedly to study genetics and veteran…
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…
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.
Since I wrote the article titled “Disarming America’s Heroes” I have been inundated with emails and phone calls from veterans and the families of veterans. The horror stories I am hearing are proof that the VA and the Obama administration have launched an all out assault on the Constitutional rights of our nation’s wounded warriors and other veterans.
Veterans are being declared incompetent not because they have a serious mental illness that makes them a danger to themselves or others, but because they have a physical disability resulting from their service in the armed forces or because they simply let their spouses pay the family bills.
If veterans have minor issues with PTSD, have expressed that they are depressed sometimes, or even in the case of Vietnam veterans admit that they are getting older and sometimes forget to pay their bills on time, the bureaucrats at the VA will seek to declare them incompetent. (I am a 65 year old veteran and often forget where I put my car keys, does that make me incompetent to handle my own financial affairs and even worse mean that I can’t own a firearm?) According to the VA it apparently does.
All of this has resulted in America’s heroes being declared incompetent by a process that blatantly violates their rights to due process under the Fifth Amendment to the Constitution. Then, for reasons that have not been explained these same veterans are also being denied their Second Amendment right to keep and bear arms.
Many of the veterans I have heard from were initially both scared because of what was happening to them, and hurt because it is their own government that is causing this fear. After all, when they joined the military they signed a blank check to their country to defend it and its Constitution even if it cost them their lives. Yet, now their own government is turning on them and taking from them the very Constitutional rights they fought to preserve.
However, now something else is happening; the fear and betrayal that these veterans felt is turning to anger. Their training and instincts as warriors is coming forth and they are once again prepared to fight for their rights and the rights of other Americans. I think that the Obama administration has picked a fight with the wrong dog. Veterans are fighting back.
As Executive Director of the United States Justice Foundation (www.usjf.net) I am committed to helping these veterans and protecting their Constitutional rights. We are putting together a top notch legal team that is already exploring several potential avenues including administrative procedures and a class action lawsuit.
It will be a huge undertaking since we have veterans who have just received the letter telling them that the VA is considering declaring them incompetent, veterans who have already been declared incompetent and lost their Second Amendment Rights, and even veterans who have gotten the incompetence ruling reversed, but are still blacklisted when it comes to buying firearms. There will be no charge to any veterans or their families that we represent. We will raise the money to finance our efforts from private sources.
There are those detractors who claim that the letter from the VA is not real even though several reporters have contacted me and said they have talked to representatives of the VA and it is confirmed that it is sending out these letters. The VA apparently downplays this by saying it is not a big deal. I suggest that to the veterans who are losing their rights it is a very big deal and we intend to join them in the fight.
If you are a veteran or have a friend or family member who is a veteran and has received one of these letters or already been declared incompetent, please contact me and the USJF. We intend to come out swinging. Our veterans deserve nothing less.
What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama’s signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought.
Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it.
Here are the sections of the Executive Order that he will use:
“1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system.”
What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm.
“2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system.”
This should be read in conjunction with section 16 of the order that says:
“16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”
One of the few amendments successfully placed in Obamacare by conservatives does appear to prohibit doctors from asking such questions. Yet, with these two Executive actions, Obama is illegally amending an act of Congress and setting up a procedure for him to force doctors to gain information from patients about gun ownership, and to get our medical history.
Section 3 of Obama’s order states:
“3. Improve incentives for states to share information with the background- check system.”
Once again, what does this mean? What information does the Federal government want from the states? Copies of state personal and business income tax returns or court records of divorce and child custody cases are possibilities that come to mind as well as our voter registrations showing our party affiliations. How does any of this figure into our right to purchase a firearm?
One of the most dangerous and troubling sections of the Obama order in Section 4 that states:
“4. Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.”
This section directs Eric Holder, the architect of Operation Fast and Furious that illegally transferred several thousand semi automatic weapons to Mexican drug cartels and resulted in the deaths of hundreds of Mexican citizens and several U.S. border patrol agents, to now add people indiscriminately to the list of Americans ineligible to purchase firearms. Who might be added to the list?
Well, let’s look at the record of the Obama administration. Shortly after being appointed as the Director of the Department of Homeland Security Janet Napolitano sent a list of potential domestic terrorists to law enforcement agencies around the country. The list included individuals who were pro-life, who supported the Second Amendment, who had Ron Paul bumper stickers on their cars, and most disturbing, all members of the military returning from combat in Iraq or Afghanistan.
The list has recently been supplemented to include individuals who hoard more than a week’s supply of food and water, and those who support individual liberties and oppose big government. I belong on most of these lists and I suspect that Eric Holder will be adding all of us to the list of dangerous people not qualified to own guns. In other words, you will no longer have to be a convicted felon or mentally ill to make the list; you will qualify simply by being an American patriot.
This is not a conspiracy theory, at the United States Justice Foundation we are seeing increasing evidence that military veterans are being specifically targeted by the Obama administration when it comes to prohibitions against purchasing firearms. Any veteran diagnosed with Post Traumatic Stress Disorder (PTSD) is in danger of being banned from owning a firearm. Even those veterans suffering from mild depression are being added. None of these conditions constitute a mental illness that makes them a danger to themselves or others.
However, in Obamaland veterans who took an oath to “protect and defend the Constitution of the United States against all enemies, foreign and domestic”, are definitely considered a threat to the new Fuehrer and must not be allowed to own firearms.
If we skip to Section 6 of the order we get a good idea of Obama’s real intentions when it comes to gun control. That sections states:
“6. Publish a letter from the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) to federally licensed gun dealers providing guidance on how to run background checks for private sellers.”
This is particularly interesting because one of the legislative proposals is to require universal background check requirements for any firearm transfer even between private citizens. In other words, you can’t sell your firearm or even give it to someone s a gift without Federal government approval. It is doubtful that this proposal will pass in the House of Representatives, yet Obama is already setting up the mechanism for enforcing the requirement. That is a clear signal that he doesn’t care what Congress does, he is going to violate the Constitution and bypass the Legislative branch in order to push his agenda to disarm the American people. I suspect he will ultimately use Executive orders to ban many weapons including most rifles and pistols.
There are numerous other actions dictated in the Obama order, but I think you get the idea. Our Second Amendment right is going to be taken from us for whatever reasons Obama decides. The simple act of opposing these actions can cause the Attorney General to place you on the list of “dangerous people”. Our privacy will be violated and all of this will be done without due process of law. That is what just happened.
It’s time for a reality check. The election is over and according to the results the majority of the people residing in this country voted to abolish our Republican form of government and trash the Constitution. They voted for virtually unlimited government, redistribution of wealth through higher taxes, limits on individual liberties, and out of control spending and debt. They voted to end the free market economic system, and place an unmanageable burden on their own children and grandchildren so they can collect their free stuff now.
The leftists in this country now feel that they are in a position to do what they have wanted to do for decades; impose their elitist views on the population and take control of how we live, what we do, what we think, and what God we can worship. They are confident that they can succeed in destroying our country and our way of life for good because they have a President in the White house that is committed to establishing himself as a dictator. They also control the schools, the universities, the mainstream media, many of the courts, the United States Senate, and most of the largest cities in the country.
The left believes that this is their moment in history when they impose their will on the American people, the time when we all submit to their will and become compliant subjects who will acknowledge their intellectual superiority and march in lockstep to the beat of their corrupt drummers. They truly believe this and yet they are very frightened. They are frightened of a document called the Constitution; most specifically of the Bill of Rights and the 2nd Amendment.
The elitists like Barack Obama, Harry Reid, Diane Feinstein, Nancy Pelosi, and their lackeys in academia, the news media, and Hollywood are cowards. They are willing to lie, cheat, and steal to get what they want, but they are not willing to pick up a weapon and fight for what they profess to believe, they will rely on others to do that.
Yet, they know that in order to be successful they must take an important step and disarm the American people. They must abolish the 2nd Amendment to the Constitution and they must do it now. The effort has already begun and it is an all out assault. Bills are being introduced in the House and Senate to ban so called assault weapons, certain magazines, various types of ammunition, and certain handguns. This is all supposed to be an effort to protect our children from another Sandy Hook tragedy.
That is where the reality check comes in. The left has always been willing to exploit tragedy to get its way. All of this proposed legislation is just window dressing to lay the ground work for the ultimate goal of outlawing the private ownership of all firearms in the United States. Once that is accomplished, the government will move to confiscate all of those in private hands.
That is why the Obama administration is purchasing millions of rounds of ammunition for federal bureaucracies, and FEMA and DHS are training thousands of people to engage in urban warfare. Not urban warfare against foreign or domestic terrorists, but against American citizens who attempt to exercise the 2nd Amendment rights that have been upheld by the U.S. Supreme Court. In fact, the left is already calling for the people who believe in gun rights to be declared terrorists and arrested not only for supporting the 2nd Amendment, but also for exercising our 1st Amendment rights.
This is not an obscure conspiracy theory, but is happening now. It is for real. I have people telling me that it will never happen, because these bills will not pass Congress. I agree that with an all out effort we can defeat the legislation in the House of Representatives, but Obama and the left plan to simply bypass Congress and impose gun control by Executive order and by signing the UN Small Arms treaty.
Therefore, our most critical battles may be in the Courts. For over 38 years I have defended the 2nd Amendment of the Constitution both in and out of the courtrooms. As the new Executive Director of the United States Justice Foundation (USJF) I will make sure that the foundation is in the forefront of the fight.
This is not just a battle that we must win; this is the war that will decide the fate of our nation. We cannot compromise and we cannot surrender. The 2nd Amendment was placed in the Constitution to ensure that the American people would be able to defend themselves against any future government that sought to become a tyranny. That is what is happening now and we must not give up our weapons.
A friend and fellow veteran just forwarded a quote by the great Russian writer and patriot Aleksandr I. Solzhenitsyn who said this about the lack of resistance to the communist takeover of his country:
"And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else at hand?...
The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If......if......We didn't love freedom enough. And even more----we had no awareness of the real situation.......We purely and simply deserved everything that happened afterward."
Enough said. Fight back now!
Throughout history, when nations have started to move from those that are free to those ruled by a tyrannical form of government one of the first priorities of the would-be tyrants is to disarm the indigenous population. There are two main purposes for this. First, if the population is un…