Lawmakers question VA re: vets

[ladder13]

They want to know how the lack of due process is being used to deny veterans their gun rights.


Lawmakers want answers why VA stripped 260K vets of gun rights

[g8rb8]

From the story in the link provided by ladder 13:
Currently a veterans assigned a fiduciary trustee to act on their behalf is automatically declared “mentally defective” and is reported to NICS,"

Question: Why is the veteran "automatically" declared mentally defective? Is it by administrative fiat or is there a more formalized rule? ? Is there a clause in a VA document regarding fiduciary trustees that declares this?

From ATF Information 3310.4
Revised May 2009
From the list of reasons someone can be determined a "mental defective":
"Lacks the mental capacity to contract or manage his own affairs;"

[J. R. WEEMS]

Just more BS to deny people the right to own a gun. These back door gun control measures need to stop. Next thing you know it will be for getting a parking ticket-- you're not responsible you know-- what a load of--

[Old TexMex]

Originally Posted by g8rb8

From the story in the link provided by ladder 13:
Currently a veterans assigned a fiduciary trustee to act on their behalf is automatically declared “mentally defective” and is reported to NICS,"

Question: Why is the veteran "automatically" declared mentally defective? Is it by administrative fiat or is there a more formalized rule? ? Is there a clause in a VA document regarding fiduciary trustees that declares this?

From ATF Information 3310.4
Revised May 2009
From the list of reasons someone can be determined a "mental defective":
"Lacks the mental capacity to contract or manage his own affairs;"

Looks as though somebody doesn't want they who have been trained in tactics and leadership available if the need for a "well regulated militia" were thought necessary by "We the People".

[mg440rt]

Originally Posted by Old TexMex

Looks as though somebody doesn't want they who have been trained in tactics and leadership available if the need for a "well regulated militia" were thought necessary by "We the People".

We have a winner folks...

[g8rb8]

To answer my own question from an earlier post there is no due process at this time.

On April 14, 2016 Rand Paul introduced an act, Protecting Gun Rights and Due Process Act, to protect people from automatic placement on a NICS banned list.
https://www.paul.senate.gov/news/pre...ue-process-act
synopsis of act:
•Prohibits the sale or disposition of a firearm or ammunition to an individual that has been adjudicated (my emphasis) as mentally incompetent or committed to a psychiatric hospital. Adjudication requires findings by a judicial officer or court and the individual receives notice to participate with counsel (my emphasis).
•Within 90 days, the Secretary of Veterans Affairs must review and remove from NICS any veteran that has not been adjudicated as mentally incompetent. The Attorney General will certify that the removal of names has taken place.
•Prevents the Social Security Administrator from reporting individuals to NICS unless individual has been adjudicated as mentally incompetent. Attorney General will conduct a yearly review to certify reported names have necessary documentation.
•Attorney General must certify a state’s report indicating a person had been adjudicated as mentally incompetent prior to inclusion to NICS.
•All individuals considered to no longer be adjudicated as mentally incompetent will be notified and have their rights restored.