Report: Vets may be deemed incompetent without due process, cannot own firearms
Veterans receive letters saying they may be declared incompetent and cannot own firearms
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On Thursday, Michael Connelly, J.D., executive director of the United States Justice Foundation, said that veterans
are receiving letters informing them that the government is about to
declare them incompetent to handle their own affairs. As a result,
Connelly said, the government will "appoint a stranger" to handle their
affairs at their expense, and restrict them from owning firearms. Worse
yet, he says, this is being done without due process.
“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),” the letter reportedly says.
According to Connelly, the U.S. Department of Veterans Affairs has sent this letter to "hundreds, perhaps thousands" of veterans.
"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," he added.
The letter contains no specifics and gives no reason for the proposed judgment other than to say that someone in the VA has made the recommendation. The letter then tells the veteran that he or she must provide evidence to the contrary within 60 days. If the veteran desires a hearing, they must inform the VA within 30 days.
Connelly says this clearly violates the Fifth Amendment to the Constitution.
"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,'” he wrote.
He goes on to say the effort is part of the administration's effort to disarm Americans.
"Think about it," he wrote, "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."
Connelly then wonders if recipients of Social Security are next in line.
"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," he concluded.
Related:
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“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),” the letter reportedly says.
According to Connelly, the U.S. Department of Veterans Affairs has sent this letter to "hundreds, perhaps thousands" of veterans.
"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," he added.
The letter contains no specifics and gives no reason for the proposed judgment other than to say that someone in the VA has made the recommendation. The letter then tells the veteran that he or she must provide evidence to the contrary within 60 days. If the veteran desires a hearing, they must inform the VA within 30 days.
Connelly says this clearly violates the Fifth Amendment to the Constitution.
"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,'” he wrote.
He goes on to say the effort is part of the administration's effort to disarm Americans.
"Think about it," he wrote, "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."
Connelly then wonders if recipients of Social Security are next in line.
"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," he concluded.
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If you like this article, you can follow Joe on Twitter @jnewby1956, visit and like his Facebook page, or subscribe to receive email updates when a new article is published.
For hard-hitting conservative commentary, please visit Joe's blog, the Conservative Firing Line. You can also find Joe's articles at Right News Now, Liberty Unyielding and PolitiCollision.
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