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Vets rapidly losing 2nd Amendment gun rights
Behind the scenes, US military veterans are afraid they are being
specifically targeted and are quickly losing their 2nd Amendment rights.
According to one group, in over 150,000 instances, they already have.
Has the VA Deprived You of Your Second Amendment Rights?
NRA Wants to Hear From You!
VA has been reporting to NICS the identities of its beneficiaries
who have been assigned a fiduciary to manage their benefits.
VA claims that such determinations constitute an “adjudication of mental
defectiveness” under federal law, thereby prohibiting the
beneficiary from acquiring or possessing firearms.
A federal prohibition would exist for any person who:
* Has been convicted in any court of a crime punishable by imprisonment
for a term exceeding one year.
* A fugitive from justice.
* An unlawful user of or addicted to any controlled substance.
* Has been adjudicated as a mental defective or committed to a mental institution.
* An alien illegally or unlawfully in the United States or who has been admitted to the
United States under a non-immigrant visa.
* Has been discharged from the Armed Forces under dishonorable conditions.
* Having been a citizen of the United States, has renounced U.S. citizenship.
* Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
* Has been convicted in any court of a misdemeanor crime of domestic violence.
* Under indictment for a crime punishable by imprisonment for a term exceeding one year.
In addition to federally prohibitive criteria,
the NICS must delay or deny firearm transfers
based on applicable state law.
A delayed transaction will be purged from the NICS within 88 days from creation.
The NICS Section recommends that you wait 30 days from the date initiating the
check prior to filing an appeal on a delay to give the NICS Section’s staff time to
complete the initial transaction.
If your original background check is completed, the Federal Firearm Licensee
will be notified with a final status.
Reasons NICS Background Checks are Denied or Delayed
A Denied message from the NICS indicates the subject of a NICS background check
has been matched with a similar name and similar descriptive information of
a record containing a state or federal prohibition.
A Delayed message from the NICS indicates the subject of a NICS background check
has been matched with a similar name and similar descriptive information
associated with a record containing a potential state or federal firearm prohibition.
The NICS Section must obtain additional information before making a final
determination of a Proceed or Denied for the firearm transfer. The NICS Section
is afforded three business days in which to conduct this research. If the NICS Section
is unable to provide either a Proceed or Denied response to the Federal Firearms
Licensee within three business days, the Brady Handgun Violence Prevention Act of
1993 does not prohibit the Federal Firearms Licensee, or FFL, from transferring the firearm; however, the FFL is not required to do so.
Fiduciary Appointments & Gun Laws
Have you been notified that VA will appoint a fiduciary to manage your financial affairs?
Were you told you would not be allowed to purchase or own firearms?
Read the authority they use:
Mental Illness Prohibition (NICS Improvement Act)
Q: Federal law prohibits people who are dangerously mentally ill from
purchasing or possessing a gun. Does the NICS Act change who is covered by this prohibition?
A: No. The NICS Act does not change the prohibition enacted in 1968 that bars people
who are dangerously mentally ill from purchasing or possessing a gun. Under federal
law, people may not buy or possess a gun if they are “adjudicated as a mental
defective” or “committed to any mental institution.” ATF regulations define
“adjudicated as a mental defective” as a:
Determination by a court, board, commission, or other lawful authority that a person,
as a result of marked subnormal intelligence, or mental illness, incompetency,
condition, or disease:
(1) Is a danger to himself or others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
These regulations have not been changed by the NICS Act. Note that merely seeking
or receiving treatment for mental illness is not sufficient to bring someone
within this prohibited class.
The NICS Act does provide that persons who are entered into NICS because of this
mental illness prohibition may seek “relief from disabilities” by petitioning that their
names be removed from NICS if they no longer suffer from the mental health
condition that originally barred them from buying or possessing guns.
Veterans and Weapons-Concealed Carry Permits-PTSD and Other Mental Health Conditions
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The great majority of our clients suffer from Post-Traumatic Stress Disorder (PTSD). We have represented veterans before VA Regional Offices, the Board of Veterans Appeals and the Court of Appeals for Veterans Claims since 1990.
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