By: Michael Connelly, Constitutional Attorney
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.
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