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Keith Brownmiller

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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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