How 250K Veterans Lost their 2nd Amendment and Might Not Know It – Everything Law and Order Blog

#2ndAmendment #RedFlagLaws #PTSD Recently, the 2nd Amendment advocacy organization, Gun Owners of America (GOA) submitted a petition to the U.S. Department of Veterans Affairs, on behalf of “over a quarter of a million veterans” who have had, possibly unbeknownst to them, their gun rights stolen from them. As “Red Flag Laws” have popped up in certain states, veterans may be looking at gun confiscation and an unannounced police raid into their home. Basically, since the Clinton Administration, the VA has been engaging in a policy of proactively causing the loss of gun rights for military veterans who require assistance with the management of their financial affairs, and appoint a fiduciary, such as is common with temporary bouts of PTSD for returning combat veterans.

Federal law prohibits the receipt or possession of a firearm or ammunition by anyone “who has been adjudicated as a mental defective or who has been committed to a mental institution.” The problem is, that the VA is triggering this definition via their internal fiduciary determination process, which is occurring wholly without due process or judicial involvement or review.

Read more: https://thecivilrightslawyer.com/2020/12/02/red-flag-laws-and-the-injustice-to-our-veterans/

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By elboriyorker

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46 thoughts on “How 250K Veterans Lost their 2nd Amendment and Might Not Know It”
  1. knew about this a long time ago. in IL you lose your foid card if you claim ptsd when you get out. total BS now people who want/need help dont get it because you never get your rights back even if you get well afterwards!

  2. I showed this video to a Doctor that works at a VA in SC. They said oh yes. It's absolutely true. They said "We are required to ask about PTSD if they answer yes, then we are required to ask if they have firearms in the house, we have to report the answers. The best answer to give is I Don't want to discuss it."

  3. All my Portland Oregon Congress critters are All Demonrats, I couldn't even get their help finding out why my 1988 Deployment on USS Eisenhower to the Mediterranean disqualified me from donating blood to the Red Cross. A: Thru independent sources: Potential exposure to Mad Cow.

  4. We send them into a foreign country to murder on behalf of the corporate interest the fastest fruitocracy they swear an oath to defend the Constitution but then they sign a contract which has no constitutional bearing fundamentally so these are not soldiers who go into these places these are mercenaries Contract Killers murderers let's just recognize this and then take care of them and stop stop the abuse if you are in the military now stop it stop going foreign offshore and murdering people in the name of Corporations you do not fight for my freedom you did not fight for my whites you fight to enslave us which is happening right now

  5. RIGHT AWAY FROM THE START SOMETHING IS WRONG
    AND UNLESS THAT WRONG IS NOT RIGHTED A LOT OF
    THINGS WILL NOT BE PUT RIGHT take note BILL CLINTON
    STILL HASN´T BEEN HANGED FOR HIS WAR-CRIMES SAME
    GOES FOR BUSH JR. when they swing we will know that things
    are heading in the right direction, STRICT measures are being
    taken and motto is "NO MORE LIBERALISM !"

  6. I used to listen to Larry Pratt on his show on SW
    radio back aways "Gunowners of America show"
    here in Iceland. It was broadcasted from Indiana
    on the LaCee radio network.

  7. I'm one of those veterans the VA took my rights away 😆 for using a pencil to defend my life I now can't have a gun 😒 so I'll use my hands quick clean ever efficient. Damb hang nail oops I might get a splinter using a pencil or just a tooth pick.
    Army AL

  8. That is why ALL of the Bill of Rights are important – this is literally a textbook 5th amendment violation. I have tried to convince many of my "the 2nd amendment is the most important" friends that it does you no good without the 4th, 5th, and 7th amendments, or even the 8th if you are "accused" of having violated a law, including laws passed to egregiously limit your 2nd amendment rights. Anti-gun types would never set the bail ruinously high to coerce a plea deal, let's say in an "unnecessary" use of a firearm against an intruder in your home.

    Red Flag laws are an abomination. PTSD does not make you dangerous, it all depends on the case specifics. There are going to be Veterans with PTSD who should not have firearms, but having a fiduciary does not mean you are unsafe with a firearm, nor should it be forever – people can recover and learn to deal with PTSD triggers. Which is why we are supposed to be guaranteed due process instead of a blanket rule by a lazy DOD.

  9. The petition is unlikely to have any effect. In that this has been done in the absence of a judicial proceeding, it seems reasonable that a court of appeals would overturn any denial of 2A rights under this practice. It will take a test case to make any changes in V.A. policy.

  10. Another violation is the prevention of exercising one's First Ammendment Right to Petition for Ballot. What happens is military personnel fight for our 1st Ammendment Right, among other Rights, but many of those same people then prevent currently enlisted members from signing a Petition for Ballot. Military bases also often prevent people gathering petitions on the base which prevents signature gatherers from contacting eligible spouses and other eligible family members. Bases usually have the highest population of the political district they are in. When gathering signatures, signatures need to be gathered from various parts of the State, not just from one city or one county. When a military base prevents signature gathering and the ability to sign a Petition, that almost completely eliminates the available people that can sign the Petition which makes gathering enough signatures almost impossible. Let's say a district has 3000 people and 2500 of those people are enlisted military with 500 civilians making up the rest of the population. Then let's say 3% of the population of that district needs to sign the Petition for that district to qualify. That's 90 legal signatures that are needed. After removing 2500 people from the district, that's now 18% of the leftover population of 500. 90 signatures may not sound like much, but how many are old enough to vote? Out of eligible people, how many are registered to vote? How many of those can be contacted? Out of those how many are willing to sign? Nearly impossible to get the required number of valid signatures to qualify that district. Why do veterans die for their rights only to step all over them when they get home?

  11. Deprivation of rights under the color of law. Violation of the right to due process. It's time to cure the virus. Just like Trump said "take the guns first, due process second"

  12. NRA was never on the ball, at least not in my lifetime (30). They are crap. Crap is better than AIDS, but it's still crap.

  13. Look i dont disagree with your premise but when you say this "of course this was started by Bill Clinton " you are either being ignorant or disingenuous. Veteran affairs legislation for 1997-98 was introduced by REPUBLICANS and passed through a REPUBLICAN control house and senate . Clinton enacted 3 executive orders for 1997-98 and none involved veterans affairs . This problem would be bipartisan .

  14. GREAT information!! Thank you sir. I'm GLAD to see your platform GROWING!! You are a good man John!! By the way you never answered my question! Why CAN'T a prosecutor be sued?? You said they have apsalute immunity. Please explain. THANK YOU

  15. The NRA has been a business posing as a gun rights organization for decades. They fight just hard enough to ensure rubes keep cutting them checks.

  16. Hey, here is a SOLUTION to this issue! If they say you can't "BUY" a gun ….. BUILD your own! I have plans for them ALL up to and including NUKULAR! So who is crazy NOW! 🤣

    The "ISSUE" here is not taking "weapons" away for a time, but rather, PERFECTING the process to GET THEM BACK AND CLEAR YOUR NAME! 👀 Just as "FAST" and as "EASILY" as they can be taken away, by the "EQUAL PROTECTION" clause we can get them back and CLEAR our name off the "list"! Are people completely missing this point! 🤣

    Yes we give "public SERVANTS" the PRIVILEDGE to serve US, but WE the PEOPLE retain OUR RIGHTS to "redress" grievances that occur due to overzealous public servants who are not acting in the appropriate "FIDUCIAL" manner, in OUR best interest! 👀 FUCK "THEM"! 🤣

    OOOooooo AND, WE the PEOPLE reserve OUR RIGHT to "ALTER and ABOLISH" ANY "government" (public servants) who refuse to ABIDE by "The Charters of Freedom" (specifically the Constitution of which they ALL swear and OATH to ABIDE by) and WE CAN REPLACE them or FORM new "government" that will ….. BY ANY MEANS NECESSARY! 👀

    The question now becomes: "Of "THEM" who is on OUR LIST!" 🤣

  17. Also note that a lot of police officers have military combat experience and the first time they lose control they blame it on PTSD. Good figure.

  18. Sir,I'm a 74 year old disabled Vietnam combat veteran rated 100% permanent and totally disabled by PTSD, hearing loss,and agent orange exposure.I live in Hernando County Florida and I'm going to renew my CCW permit this month.I'll let you know how I make out,and thank you,sir,for what you do for civil rights.God bless.

  19. I need a Private Attorney General to sue and let the public know what kind of poison is in chemtrails.Upstate NY everyday, Actually blocking sunshine for weeks. Weather manipulation in God's country.

  20. I am a vet, however I don't participate in any VA programs as I make too much money to qualify. Most people don't know that simply being a veteran does not automatically grant you participation in the VA health services. The program is for retired military, those that have a disability while in the service regardless how long you have been in the military, and poor veterans. For the rest of us that went out and made something of ourselves we get nothing. So I don't have to worry about the government at this present time knocking on my door demanding my guns. It's best to stay clear of the veterans administration if you can. I can, but others are dependent. The government is there waiting for those people. If you can, steer clear of the VA.

  21. The current congress will have no interest in taking on this particular protection for our veterans. I can see them expanding this practice to veterans on certain medications, and even to those who use medicinal MJ.

  22. I could understand the temporary removal of those rights… but permanent? Christ what a mess. I speak as a vet that has been diagnosed with PTSD and spent my life dealing with it. When I first discharged I had no business with a gun, and thankfully knew that. That said, that was a long time ago. I've since had a family, an amazing daughter, essentially back to as normal as a person like me is going to be. I now teach my daughter and other friends how to use firearms responsibly and proficiently. The act of being able to teach this is for lack of a better turn of phrase, calming to me. To think the VA and FBI are barring people like me who are arguably more qualified than a fair few law enforcement from weapons is infuriating. Some of us shouldn't have one but that isn't something that should be decided without some form of ongoing evaluation. I think we deserve better than that. I for one know my family, friends, and neighbors rest well knowing should the need ever arise I am able and willing to help them at a moment's notice.

  23. From 0% to 100% rating on PTSD,… depending on the State and the fly by night Psyc Doctor that will only be assigned to that veteran no more than one year. Psyc Doc's are in short supply and don't hang around in the VA system very long. This is just "feel good" paperwork. Congress controls the VA. Taking away the right to keep a weapon is demeaning to a veteran. Allow the Courts to take the weapons. Allow the Doctors to submit the paperwork to the Courts to take away the weapons. Allow a Red Flag to temporary take away the weapons so, paperwork can be submitted to the Courts. But, generating a blanket list of all military personnel with PTSD within a particular State with 0%-100% PTSD rating is wrong. If the VA wants to take away a soldiers weapon with 0% rating, you had better make the rating 100%. Because a background check can keep a PTSD soldier unemployed,… without adjudication. The military is unique in this. If there was a system in place that entitled disability like this to the rest of the USA,… There would probably be a lot of first responders no longer allowed to own a weapon without adjudication.

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