Blog posts : "gun control"
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…
As I write this article it has been a little more than 72 hours since Islamic terrorists launched a horrific and bloody attack in San Bernardino, CA that left 14 innocent Americans dead and 21 more wounded. The two perpetrators of the attack were fortunately killed by police before they could carry …
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…
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.
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 appalling.
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 disability.
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.
I have had techincal difficulties posting a copy of one of these letters on this site. I have someone working on it. In the meantime, I have sent a copy to www.redflagnews.com and it has been posted there with my article.
What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama’s signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought.
Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it.
Here are the sections of the Executive Order that he will use:
“1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system.”
What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm.
“2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system.”
This should be read in conjunction with section 16 of the order that says:
“16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”
One of the few amendments successfully placed in Obamacare by conservatives does appear to prohibit doctors from asking such questions. Yet, with these two Executive actions, Obama is illegally amending an act of Congress and setting up a procedure for him to force doctors to gain information from patients about gun ownership, and to get our medical history.
Section 3 of Obama’s order states:
“3. Improve incentives for states to share information with the background- check system.”
Once again, what does this mean? What information does the Federal government want from the states? Copies of state personal and business income tax returns or court records of divorce and child custody cases are possibilities that come to mind as well as our voter registrations showing our party affiliations. How does any of this figure into our right to purchase a firearm?
One of the most dangerous and troubling sections of the Obama order in Section 4 that states:
“4. Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.”
This section directs Eric Holder, the architect of Operation Fast and Furious that illegally transferred several thousand semi automatic weapons to Mexican drug cartels and resulted in the deaths of hundreds of Mexican citizens and several U.S. border patrol agents, to now add people indiscriminately to the list of Americans ineligible to purchase firearms. Who might be added to the list?
Well, let’s look at the record of the Obama administration. Shortly after being appointed as the Director of the Department of Homeland Security Janet Napolitano sent a list of potential domestic terrorists to law enforcement agencies around the country. The list included individuals who were pro-life, who supported the Second Amendment, who had Ron Paul bumper stickers on their cars, and most disturbing, all members of the military returning from combat in Iraq or Afghanistan.
The list has recently been supplemented to include individuals who hoard more than a week’s supply of food and water, and those who support individual liberties and oppose big government. I belong on most of these lists and I suspect that Eric Holder will be adding all of us to the list of dangerous people not qualified to own guns. In other words, you will no longer have to be a convicted felon or mentally ill to make the list; you will qualify simply by being an American patriot.
This is not a conspiracy theory, at the United States Justice Foundation we are seeing increasing evidence that military veterans are being specifically targeted by the Obama administration when it comes to prohibitions against purchasing firearms. Any veteran diagnosed with Post Traumatic Stress Disorder (PTSD) is in danger of being banned from owning a firearm. Even those veterans suffering from mild depression are being added. None of these conditions constitute a mental illness that makes them a danger to themselves or others.
However, in Obamaland veterans who took an oath to “protect and defend the Constitution of the United States against all enemies, foreign and domestic”, are definitely considered a threat to the new Fuehrer and must not be allowed to own firearms.
If we skip to Section 6 of the order we get a good idea of Obama’s real intentions when it comes to gun control. That sections states:
“6. Publish a letter from the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) to federally licensed gun dealers providing guidance on how to run background checks for private sellers.”
This is particularly interesting because one of the legislative proposals is to require universal background check requirements for any firearm transfer even between private citizens. In other words, you can’t sell your firearm or even give it to someone s a gift without Federal government approval. It is doubtful that this proposal will pass in the House of Representatives, yet Obama is already setting up the mechanism for enforcing the requirement. That is a clear signal that he doesn’t care what Congress does, he is going to violate the Constitution and bypass the Legislative branch in order to push his agenda to disarm the American people. I suspect he will ultimately use Executive orders to ban many weapons including most rifles and pistols.
There are numerous other actions dictated in the Obama order, but I think you get the idea. Our Second Amendment right is going to be taken from us for whatever reasons Obama decides. The simple act of opposing these actions can cause the Attorney General to place you on the list of “dangerous people”. Our privacy will be violated and all of this will be done without due process of law. That is what just happened.
It’s time for a reality check. The election is over and according to the results the majority of the people residing in this country voted to abolish our Republican form of government and trash the Constitution. They voted for virtually unlimited government, redistribution of wealth through higher taxes, limits on individual liberties, and out of control spending and debt. They voted to end the free market economic system, and place an unmanageable burden on their own children and grandchildren so they can collect their free stuff now.
The leftists in this country now feel that they are in a position to do what they have wanted to do for decades; impose their elitist views on the population and take control of how we live, what we do, what we think, and what God we can worship. They are confident that they can succeed in destroying our country and our way of life for good because they have a President in the White house that is committed to establishing himself as a dictator. They also control the schools, the universities, the mainstream media, many of the courts, the United States Senate, and most of the largest cities in the country.
The left believes that this is their moment in history when they impose their will on the American people, the time when we all submit to their will and become compliant subjects who will acknowledge their intellectual superiority and march in lockstep to the beat of their corrupt drummers. They truly believe this and yet they are very frightened. They are frightened of a document called the Constitution; most specifically of the Bill of Rights and the 2nd Amendment.
The elitists like Barack Obama, Harry Reid, Diane Feinstein, Nancy Pelosi, and their lackeys in academia, the news media, and Hollywood are cowards. They are willing to lie, cheat, and steal to get what they want, but they are not willing to pick up a weapon and fight for what they profess to believe, they will rely on others to do that.
Yet, they know that in order to be successful they must take an important step and disarm the American people. They must abolish the 2nd Amendment to the Constitution and they must do it now. The effort has already begun and it is an all out assault. Bills are being introduced in the House and Senate to ban so called assault weapons, certain magazines, various types of ammunition, and certain handguns. This is all supposed to be an effort to protect our children from another Sandy Hook tragedy.
That is where the reality check comes in. The left has always been willing to exploit tragedy to get its way. All of this proposed legislation is just window dressing to lay the ground work for the ultimate goal of outlawing the private ownership of all firearms in the United States. Once that is accomplished, the government will move to confiscate all of those in private hands.
That is why the Obama administration is purchasing millions of rounds of ammunition for federal bureaucracies, and FEMA and DHS are training thousands of people to engage in urban warfare. Not urban warfare against foreign or domestic terrorists, but against American citizens who attempt to exercise the 2nd Amendment rights that have been upheld by the U.S. Supreme Court. In fact, the left is already calling for the people who believe in gun rights to be declared terrorists and arrested not only for supporting the 2nd Amendment, but also for exercising our 1st Amendment rights.
This is not an obscure conspiracy theory, but is happening now. It is for real. I have people telling me that it will never happen, because these bills will not pass Congress. I agree that with an all out effort we can defeat the legislation in the House of Representatives, but Obama and the left plan to simply bypass Congress and impose gun control by Executive order and by signing the UN Small Arms treaty.
Therefore, our most critical battles may be in the Courts. For over 38 years I have defended the 2nd Amendment of the Constitution both in and out of the courtrooms. As the new Executive Director of the United States Justice Foundation (USJF) I will make sure that the foundation is in the forefront of the fight.
This is not just a battle that we must win; this is the war that will decide the fate of our nation. We cannot compromise and we cannot surrender. The 2nd Amendment was placed in the Constitution to ensure that the American people would be able to defend themselves against any future government that sought to become a tyranny. That is what is happening now and we must not give up our weapons.
A friend and fellow veteran just forwarded a quote by the great Russian writer and patriot Aleksandr I. Solzhenitsyn who said this about the lack of resistance to the communist takeover of his country:
"And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else at hand?...
The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If......if......We didn't love freedom enough. And even more----we had no awareness of the real situation.......We purely and simply deserved everything that happened afterward."
Enough said. Fight back now!
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