Blog posts : "veterans 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…
The current presidential campaign for the Democratic nomination is highlighting the fact that liberal democrats are some of the world’s greatest hypocrites. Hilary Clinton assails Wall Street bankers and big corporations, but has accepted over 21 million dollars to speak to these banks, investment f…
It seems like all we are hearing about from the main stream media these days is what Obama is doing to protect his legacy. He has one year left in his term and so I have a pretty good idea what that legacy will be and how it relates to what is happening in this country and the world.
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…
I know that may seem like a strange statement since I am a U.S. Army veteran, have two sons who are serving in the army, and am a lifetime member of the American Legion and past commander of a Legion Post. In addition, I have written a book about my father’s unit in World War II. It was while resear…
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…
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 August 26, 2014 I posted an article on my blog titled “Homeless Vets to Remain Homeless” in which I provided more details about the all-out assault by the Federal government on the Constitutional rights of our military veterans. Toward the end of the article I stated that at the United States Jus…
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 not posted anything new on my blog in over a month, but I have not been idle. Here is an update on some of the projects I have been working on:
VETERANS SECOND AMENDMENT LAWSUITS
The United States Justice Foundation (www.usjf.net) continues to push our lawsuit against the Veterans Administration to force them to respond to our Freedom of Information Act request for info on why the VA is declaring thousands of veterans incompetent without due process of law and denying them their Second Amendment Right to keep and bear arms. We have received some information that is very damaging to the VA, but still not everything we have requested.
In the meantime, more veterans are coming forward asking for our help and we are preparing a second lawsuit. The horror stories continue to mount as we are now learning that the VA is telling the families of veterans that they also cannot purchase or own firearms, simply by virtue of the fact that they are the spouses and children of veterans that the VA has declared incompetent.
Additionally, several veterans have reported to us that in addition to being unable to purchase firearms, they are having their passports cancelled and/or being placed on the terrorist cannot fly list. In other words, the Feds continue to push the idea that all military veterans are potential terrorists simply by virtue of having honorably served our country.
ARTICLES OF IMPEACHMENT
I am continuing to update and refine the formal Articles of Impeachment of Barack Hussein Obama I am preparing for filing in the House of Representatives. Obama continues to give me more ammunition with new Executive Orders on gun control, the arming of terrorist in Syria, and his punitive actions toward the American people during the government shut down, to name but a few. We are also looking for a member of Congress willing to step up and file them.
UN SMALL ARMS TREATY
At the USJF we are monitoring the next moves Obama will make now that he has had John Kerry sign the blatantly anti Second Amendment UN Small Arms treaty. The very signing of the treaty is an unconstitutional action that violates the oath of office taken by both Kerry and Obama. We will work diligently to keep the treaty from being ratified by the necessary two-thirds of the Senate, but we are also concerned that Obama will try to implement parts of the treaty without Senate approval. That will result in an immediate lawsuit by the Justice Foundation.
I am continuing to work with USJF attorneys on other legal issues we are involved including defending the wrongfully prosecuted family in New Mexico that had bogus charges filed against them by the U.S. Attorney and had all of their assets seized simply because they owned a gun store and were active Tea Party members. We have also filed friend of the court briefs in several cases trying to protect the First Amendment right to freedom of religion of religious institutions and businesses owned by religious families who have moral objections to providing contraception and abortion services to their employees as required by Obamacare.
Our investigation into the plight of our military veterans and the assault on their Second and Fifth Amendment rights continues to uncover a disturbing pattern that confirms that the VA is violating the Constitutional rights of America’s heroes on a daily basis. 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. This does not surprise me because it is obvious that the VA has much to hide.
Between the information we are receiving from veterans around the country and our research of the law and history of the VA fiduciary program we have come up with a timeline of what has happened and is happening to our veterans. While the VA fiduciary program has been in place for years it was designed to appoint someone, usually a family member, to handle the VA payments for veterans who were unable to handle these financial matters themselves because of some type of severe mental problems such as dementia.
There have been problems with the system from the beginning, but the problems regarding the Second amendment rights of veterans are much more recent. In 1993 Congress passed the Brady Bill that mandated a national background check system that was designed to keep convicted felons and those individuals declared mentally defective and found to be a danger to themselves or others from being able to legally purchase firearms.
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.
It has also become clear that there has been a rapid acceleration over the last few years in the efforts by the VA to declare veterans incompetent and deny them the right to possess firearms. Veterans who go to the VA for routine checkups or for treatment of physical illnesses are routinely asked if they own firearms. In fact, this in apparently a required question that all VA employees must ask of all veterans.
In other words, virtually anything can trigger an attempt by the VA to declare a veteran incompetent and deny them their Second Amendment rights. The Constitutional requirements of due process are completely ignored and veterans must fight this on their own at their own expense. To make matters even worse, we are receiving reports from veterans that if they even attempt to resist the declaration of incompetence, the VA is threatening to, and in some cases actually withholding the monetary payments to the veterans unless they agree to the VA declaration.
Our research has determined that there are at least four separate categories of veterans that the United States Justice Foundation needs to represent in either administrative actions or in court. They are:
1. Veterans who have received a letter from the VA threatening to declare them incompetent, but no decision on competence have been finalized.
2. Veterans who have received the letter and been declared incompetent and added to NICS list for unjust reasons.
3. Veterans who have been declared incompetent and had it reversed, but are still on the NICS list.
4. Veterans who have received the VA letter and are having their VA funds withheld because they are fighting to keep from being declared incompetent.
The situation with the veterans and their rights has not gone completely unnoticed in Congress. Last year an amendment was offered in the Senate to the 2013 National Defense Authorization Act to stop the VA from arbitrarily adding veterans to the NICS list. It was opposed by the White House and failed to pass. Just a few weeks ago Senator Richard Burr of North Carolina introduced S 572, the “Veterans Second Amendment Protection Act”. It is a good piece of legislation to protect veterans and all members of Congress should be urged to support it. Unfortunately, so far only 11 Senators have signed on as co-sponsors and none of them are Democrats.
In the meantime, any veterans with information on this or who need help should contact me immediately at usjf.net.