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Written By Constitutional Attorney Michael Connelly, J.D.
How would you feel if you received a letter from the U.S. Government informing you
that because of a physical or mental condition that the government says you have it is
proposing to rule that you are incompetent to handle your own financial affairs?
Suppose that letter also stated that the government is going to appoint a stranger to
handle your affairs for you at your expense? That would certainly be scary enough but
it gets worse.
What if that letter also stated: “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).”?
That makes is sound like something right from a documentary on a tyrannical
dictatorship somewhere in the world. Yet, as I write this I have a copy of such a letter
right in front of me.It is being sent by the U.S. Department of Veterans Affairs to
hundreds, perhaps thousands, of America’s heroes.
In my capacity as Executive Director of the United States Justice Foundation (USJF) I
have been contacted by some of these veterans and the stories I am getting are
The letter provides no specifics on the reasons for the proposed finding of
incompetency; just that is based on a determination by someone in the VA. In every
state in the United States no one can be declared incompetent to administer their own
affairs without due process of law and that usually requires a judicial hearing with
evidence being offered to prove to a judge that the person is indeed incompetent. This
is a requirement of the Fifth Amendment to the U.S. Constitution that states that no
person shall “… be deprived of life, liberty, or property without due process of law…”.
Obviously, the Department of Veterans Affairs can’t be bothered by such impediments
as the Constitution, particularly since they are clearly pushing to fulfill one of Obama’s
main goals, the disarming of the American people. Janet Napolitano has already
warned law enforcement that some of the most dangerous among us are America’s
heroes, our veterans, and now according to this letter from the VA they can be
prohibited from buying or even possessing a firearm because of a physical or mental
Think about it, the men and women who have laid their lives on the line to defend us
and our Constitution are now having their own Constitutional rights denied. There are
no clear criteria for the VA to declare a veteran incompetent. It can be the loss of a
limb in combat, a head injury, a diagnosis of PTSD, or even a soldier just telling
someone at the VA that he or she is depressed over the loss of a buddy in combat. In
none of these situations has the person been found to be a danger to themselves or
others. If that was the case than all of the Americans who have suffered from PTSD
following the loss of a loved one or from being in a car accident would also have to be
disqualified from owning firearms. It would also mean that everyone who has ever
been depressed for any reason should be disarmed. In fact, many of the veterans being
deprived of their rights have no idea why it is happening.
The answer seems to be it is simply because they are veterans. At the USJF we intend to
find the truth by filing a Freedom of Information Act request to the Department of
Veterans Affairs to force them to disclose the criteria they are using to place veterans
on the background check list that keeps them from exercising their Second
Amendment rights. Then we will take whatever legal steps are necessary to protect
our American warriors.
The reality is that Obama will not get all of the gun control measures he wants through
Congress, and they wouldn’t be enough for him anyway. He wants a totally disarmed
America so there will be no resistance to his plans to rob us of our nation. That means
we have to ask who will be next. If you are receiving a Social Security check will you
get one of these letters? Will the government declare that you are incompetent
because of your age and therefore banned from firearm ownership. It certainly fits in
with the philosophy and plans of the Obama administration. It is also certain that our
military veterans don’t deserve this and neither do any other Americans.
-- Michael Connelly, J.D.
Executive Director, United States Justice Foundation
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