Veterans Disarmament Act To Bar Vets From Owning Guns

[ms]

 
 
 
 
   Veterans Disarmament Act To Bar Vets From Owning Guns

Larry Pratt
Sunday September 23, 2007

Hundreds of thousands of veterans -- from Vietnam through Operation Iraqi Freedom -- are at risk of being banned from buying firearms if legislation that is pending in Congress gets enacted.

How? The Veterans Disarmament Act -- which has already passed the House -- would place any veteran who has ever been diagnosed with Post Traumatic Stress Disorder (PTSD) on the federal gun ban list.

This is exactly what President Bill Clinton did over seven years ago when his administration illegitimately added some 83,000 veterans into the National Criminal Information System (NICS system) -- prohibiting them from purchasing firearms, simply because of afflictions like PTSD.

The proposed ban is actually broader. Anyone who is diagnosed as being a tiny danger to himself or others would have his gun rights taken away ... forever. It is section 102((1)©(iv) in HR 2640 that provides for dumping raw medical records into the system. Those names -- like the 83,000 records mentioned above -- will then, by law, serve as the basis for gun banning.

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No wonder the Military Order of the Purple Heart is opposed to this legislation.

The House bill, HR 2640, is being sponsored by one of the most flaming anti-Second Amendment Representatives in Congress: Carolyn McCarthy (D-NY). Another liberal anti-gunner, Sen. Patrick Leahy (D-VT), is sponsoring the bill in the Senate.

Proponents of the bill say that helpful amendments have been made so that any veteran who gets his name on the NICS list can seek an expungement.

But whenever you talk about expunging names from the Brady NICS system, you’re talking about a procedure that has always been a long shot. Right now, there are NO EXPUNGEMENTS of law-abiding Americans’ names that are taking place under federal level. Why? Because the expungement process which already exists has been blocked for over a decade by a "funds cut-off" engineered by another anti-gunner, Sen. Charles Schumer (D-NY).

So how will this bill make things even worse? Well, two legal terms are radically redefined in the Veterans Disarmament Act to carry out this vicious attack on veterans’ gun rights.

One term relates to who is classified a "mental defective." Forty years ago that term meant one was adjudicated "not guilty" in a court of law by reason of insanity. But under the Veterans Disarmament Act, "mental defective" has been stretched to include anyone whom a psychiatrist determines might be a tiny danger to self or others.

The second term is "adjudicate." In the past, one could only lose one's gun rights through an adjudication by a judge, magistrate or court -- meaning conviction after a trial. Adjudication could only occur in a court with all the protections of due process, including the right to face one's accuser. Now, adjudication in HR 2640 would include a finding by "a court, commission, committee or other authorized person" (namely, a psychiatrist).

Forget the fact that people with PTSD have the same violent crime rate as the rest of us. Vietnam vets with PTSD have had careers and obtained permits to carry firearms concealed. It will now be enough for a psychiatric diagnosis (a "determination" in the language of the bill) to get a veteran barred ­for life ­ from owning guns.

Think of what this bill would do to veterans. If a robber grabs your wallet and takes everything in it, but gives you back $5 to take the bus home, would you call that a financial enhancement? If not, then we should not let HR 2640 supporters call the permission to seek an expungement an enhancement, when prior to this bill, veterans could not legitimately be denied their gun rights after being diagnosed with PTSD.

Veterans with PTSD should not be put in a position to seek an expungement. They have not been convicted (after a trial with due process) of doing anything wrong. If a veteran is thought to be a threat to self or others, there should be a real trial, not an opinion (called a diagnosis) by a psychiatrist.

If members of Congress do not hear from soldiers (active duty and retired) in large numbers, along with the rest of the public, the Veterans Disarmament Act -- misleadingly titled by Rep. McCarthy as the NICS Improvement Amendments Act -- will send this message to veterans: "No good deed goes unpunished."

 

[deltecs]

As an AmVets member in good standing, I've notified the Commander and Treasurer of the Post to bring this to the attention of all the members.  I've also contacted my US legislators and opposed this bill.  I strongly suggest our other Veterans' Organizations oppose this by contacting their appropriate Congressmen.  There isn't much time left before a Senate vote.

[Hooker]

I'm not a veteran but if they try taking my guns or the guns from family members that are veterans, Let just say I'll be a veteran pretty dang quick. I know this sounds radical but when do we start ignoring the governments wants like they do ours. We still out number them low life tyrants and the mangy curs that follow at their feet. Maybe we need to remind them of this.

Pat

[Matt]

Hooker I feel ya on that but I am afraid that with the technology that they have today there is not much we can do. Seeing as they have no regard for human life American or otherwise to fight would be suicide but the AMERICAN thing to do.

Matt

[jh45gun]

Well I contacted both my Senators on this Bill and the Amnesty Bill Doubt I will get much satisfaction both are demoncrats who usually vote the party line. I also contacted my Rep who also is a Democrat yes I spelled that correct as he is a decent guy who is a Moderate and pro gun who usually votes with brain unlike our two Senators.

[nw_hunter]

This is an e-mail alert I just received from GOA     

Thursday, October 18, 2007


Senator Tom Coburn isn't going to go away quietly. As you know from
previous GOA alerts, the Republican Senator from Oklahoma has placed
a hold on the noxious legislation that is being pushed by Senator
Chuck Schumer of New York.

Because of his actions, the Veterans Disarmament Act (HR 2640 and S
2084) has been stalled in the Senate for a few weeks. But not
content to remain silent, Sen. Coburn sent a pointed letter to the
Department of Veterans Affairs, asking them to justify their actions.

Coburn states in his letter that the Veterans Affairs continues to
send the names of "approximately 1,000 additional veterans" to the
Department of Justice every month. According to the Congressional
Research Service, Coburn says, this has resulted in "approximately
140,000 Veterans" being added into the NICS background check system.

"This situation is concerning to me," he continues, "as
the vast
majority of these veterans have committed no crime." Coburn
correctly notes that if these veterans should continue to own a
firearm, they could "unknowingly be in violation" of federal law.

Interestingly, Coburn notes that the VA gun ban for veterans is not
based on their being a "danger to him/herself or others" but rather
that they supposedly can't manage their own financial affairs.

Coburn ends his letter with a very pointed request: "I respectfully
request that you share with me your plans to prevent the release of
more veterans' names without due process."

That's the key: these brave souls are being denied their gun rights
WITHOUT DUE PROCESS. Some have claimed that this bill would provide
relief for those who are being unjustly denied. Of course, this is
very questionable since Congress has, since 1993, defunded the
ability of the BATFE to restore the rights of veterans and other
victims of gun control. (This is the result of a Chuck Schumer
amendment.)

Certainly, GOA would support avenues to provide relief. But the
Veterans Disarmament Act is not the vehicle to do this, since the
bill actually CHANGES federal law to LEGALLY BAN those 140,000
veterans from owning firearms. (1) Once the bill is enacted and
those veterans and other Americans are LEGALLY DISARMED, the bill
then provides some limited avenues for pursuing relief -- although
Americans will face an uphill battle as they will have to spend tens
of thousands of dollars pressing their case in court where THEY WILL
HAVE THE BURDEN of proving their innocence.

Even if these expensive court battles prove successful, they are
still not guaranteed to get their gun rights back. Sen. Schumer can
simply offer another amendment which prevents the FBI from removing
names from the NICS system, just as his 1993 amendment still defunds
the ability of the federal government to grant relief TO THIS DAY.


Sarah Brady Is Lobbying Hard For The McCarthy-Schumer Bill

It's no wonder that the Brady Bunch is plugging so hard for this
bill. Several news agencies have stated that passage of this bill
would represent the "first major gun control law in more than a
decade". (2)

Sarah Brady wants this bill bad. Her organization led a bunch of
Virginia Tech survivors to Chuck Schumer's office this week to get
media attention in favor of the Veterans Disarmament Act.

And she sent out an e-mail last week urging members to donate to her
organization, thus helping to get the McCarthy-Schumer bill passed.
"In July, the U.S. House of Representatives took a courageous first
step to keep guns out of the wrong hands by passing HR 2640, the NICS
Improvement Act," Brady said. "The Brady Campaign is working full
force to convince the U.S. Senate to pass this bill immediately."

Those who would disarm us are working hard to diminish your rights.
Have you written your Senators recently?


Footnotes:

(1) See GOA's extensive write-up on the Veterans Disarmament Act. By
going to http://www.gunowners.org/netb.htm on the GOA website, one
can read an analysis of the bill, plus see what others are saying
about it as well.
(2) "NRA, Democrats Team Up To Pass Gun Bill", CBSNews.com,
June 13,
2007; and "House Tempers Background Checks for Guns," Associated
Press, June 14, 2007.


ACTION: Please use the letter below to contact your Senators and
urge them to join Sen. Coburn in putting a hold on the Veterans
Disarmament Act. You can use the pre-written message below and send
it as an e-mail by visiting the GOA Legislative Action Center at
http://www.gunowners.org/activism.htm (where phone and fax numbers
are also available).

----- Pre-written letter -----

Dear Senator:

I urge you to OPPOSE the efforts of the Brady Campaign. This
organization, led by Sarah Brady, is PLUGGING HARD for the Veterans
Disarmament Act which has been opposed by the American Legion and the
Military Order of the Purple Heart.

Have you told Senator Tom Coburn yet that you will join him in
putting a hold on this legislation (HR 2640 and S 2084) which is
being actively pushed by one of the most anti-Second Amendment
legislators in the entire Congress -- Senator Chuck Schumer?

If you have not yet added your name and placed a hold on this noxious
bill, please tell me why.

Also, Senator Coburn has authored a letter (addressed to the Veteran
Affairs) which asks them to justify why they have determined more
than 140,000 veterans ARE NO LONGER ALLOWED TO OWN A GUN!

These veterans have been denied WITHOUT DUE PROCESS and even without
a determination that they are a danger to society. They have been
denied simply because they supposedly lack the ability to "manage
[their] own financial affairs."

Please let me know when you have joined the Coburn "hold" on the
Veterans Disarmament Act. Thank you.

Sincerely,


****************************

GOA On Fox News

See GOA Executive Director Larry Pratt debating the Brady Campaign at
http://www.gunowners.org/svtb.htm on the GOA website. At issue was
whether a teacher in Oregon with a CCW permit should be allowed to
carry her gun to school to protect herself from her ex-husband.
Pratt defended the woman, saying that, "The only thing we can be sure
of in a gun free zone is the killer will have a gun, because he
doesn't care about that law.... The group in our population that has
the lowest crime rate -- and the lowest accidental firearms rate
actually -- are those who have concealed carry permits."