View Full Version : 100,000 Veterans Declared ‘Mentally Defective,” Denied Second Amendment Rights
Gold Eagle
04-11-2016, 07:35
Tried search and was surprised this has not come up.
Seems vets are being "labeled" mental defective when applying for V.A. benefits.
So, any advice from someone here receiving V.A. benefits. How does one avoid getting on the "list"?
My buddy, who passed away, got on V.A. benefits. A past HAM radio licensee, a machinist, gunsmith, and Viet Vet. They made him see a shrink. Is this procedure for new applicants? The shrink claimed he was depressed and gave him a handful of prescriptions which he just threw away. He had lung and heart issues.
https://www.nraila.org/articles/20150416/eric-holder-s-gun-ban-list-of-mental-defectives-is-mostly-veterans
http://www.military.com/daily-news/2015/04/17/senator-veterans-still-losing-gun-rights-because-of-va-reporting.html
Oldrotorhead
04-11-2016, 08:57
I have a disability that does not involve PTSD or TBI. I also get medication for "anger management" and still have my 2A rights and have had a CHL for close to 2 decades. I don't know anyone that is part of that 100,000 number and I know quite a few people with VA disabilities.
Sorry I can't be of more help.
There have been laws on the books for generations that in one form or the other will deny 2nd amendment rights to persons that are adjudicated mentally unfit.
1)The "adjudicated" has many interpretations, depending on jurisdiction(fed, state, local)
2)Vets that ask for and receive PTSD classification and are awarded a disability, is being intrepid as "adjudicated" by the VA and DoJ.
I disagree, but until it is challenged at the SCOTUS level???
Team Sergeant
04-11-2016, 17:18
If you put in for PTSD and receive 100% disability for it maybe it's a good idea you're not around things that go bang......
Especially when only about 5-10% of those receiving PTSD disability are true suffers.
Gold Eagle
04-12-2016, 07:15
Thanks. From what I have read on the net. If a applicant signs off for someone else to handle their affairs and finances, or their spouse already handles paying the bills etc. They get on the "list"
Quote from.... http://www.military.com/daily-news/2015/04/17/senator-veterans-still-losing-gun-rights-because-of-va-reporting.html
The VA can decide that a veteran is no longer mentally fit to handle benefits and finances and will then appoint what is called a fiduciary, often a family member but sometimes an outside party who manages their affairs.
"Under the current practice, a VA finding that concludes that a veteran requires a fiduciary to administer benefit payments effectively voids his Second Amendment rights -- a consequence which is wholly unrelated to and unsupported by the record developed in the VA process," the senator wrote. I also read the Glenn Beck stated a few years ago for vets not to sign off on the form. It may come down to (read before you sign)
"Under the current practice, a VA finding that concludes that a veteran requires a fiduciary to administer benefit payments effectively voids his Second Amendment rights -- a consequence which is wholly unrelated to and unsupported by the record developed in the VA process," the senator wrote. I also read the Glenn Beck stated a few years ago for vets not to sign off on the form. It may come down to (read before you sign)
Another part of the 'system'.
As TS spoke,, if you need someone to tend your affairs, be it PTSD or alzheimer's or substance addiction or any other serious medical disability??
You probably should not have toys that go bang..
FlagDayNCO
04-16-2016, 17:30
A buddy of mine has his wife handling his appointments, as he described. Well, he told me he was told at one of his appointments he can't own firearms.
I'm waiting for the California model to spread where they come to his home and remove all firearms from the home, even the ones he sold/ transferred to his wife.
I believe the VA pays the person that handles a disabled veterans appointments a monthly stipend, which is another bait these people took.
Seeing the level of care, my annual income and threat of losing my rights, I'm not disappointed I have not used the VA.
LimaPanther
04-16-2016, 20:33
This doesn't necessarily have to pertain only to vets. I'm 100% VA disabled but see a civilian doc and we were discussing this. He informed me that he is suppose to ask all patients if they have guns in their homes but doesn't. Of course in my case we are in the mountains of TN so doctors aren't going to ask as they know what the answer would be. Pediatricians are asking children if they have seen guns in their homes.
A national requirement for all states and for government agencies To improve the National Instant Criminal Background Check System enacted in 2008.
https://www.govtrack.us/congress/bills/110/hr2640/text
Richard
If you put in for PTSD and receive 100% disability for it maybe it's a good idea you're not around things that go bang......
Especially when only about 5-10% of those receiving PTSD disability are true suffers.
Besides, we give the enemy PTSD. Am I not correct, what?
Roguish Lawyer
04-17-2016, 14:46
https://www.paul.senate.gov/news/press/sen-rand-paul-introduces-protecting-gun-rights-and-due-process-act