Enormous Win for Veterans 2A Rights

The VA's underhanded "Red Flag" capability got taken away

Here’s how a “Red Flag” capability was given to the Veteran’s Administration without Congress passing a law of any sort. This is how government does this stuff and it is why bureaucratic rule making is a huge problem.

First Came the Gun Control Act

In 1968, Congress passed the Gun Control Act of 1968. The law primarily focused on the interstate commerce involving firearms. Prior to that law, you could mail order a rifle and have it shipped to your house, among many other things. Also, contained within that law is that it is unlawful to possess a firearm if adjudicated as mentally defective.

So we are clear, adjudicated in common English means:

settled, determined, or decreed judicially

And mental defective means:

A term to describe a person who finds it very difficult to learn and understand things

Straightforward, right? If a court determines that you find it very difficult to learn or understand, among other things, you cannot own a firearm. And this seems pretty reasonable.

The ATF And The VA Take Advantage

Where it gets funky is with the VA. The VA can determine that a Veteran is not able to manage their benefits and finances that they receive from the VA and can designate a fiduciary to manage those benefits for them.

Then, in 1979 the ATF issues new rule making order on what constitutes “Adjudicated as Mentally Defective”.

A finding or 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 lacks the mental capacity to contract or manage his own affairs.

Notice that the ATF sneaks in stuff other than a court process …. a board, commission, or other lawful authority. Sounds good, but is there due process in those things? Can I show up with an attorney and evidence and contest the order? Not always. For example, the finding by the VA that I can’t manage my benefits and finances has no semblance of due process at all.

And then, in 1998, President Clinton issues an Executive Order. That EO directs that the VA is to start reporting to NICS anytime a Vet has their benefits sent to a fiduciary as if they have been “adjudicated as mentally defective.”

Since 1998, unelected VA bureaucrats could strip me of my right to keep and bear arms without any sort of due process. They do this simply by determining I can’t manage my finances myself. No determination that I am mentally defective at all. No due process at all.

Veterans are very aware of this. Many of us avoid being treated for mental and emotional health issues because of this. We have to make a horrible choice between our Right to Keep and Bear Arms and our benefits as a Veteran. Not to mention that our country doesn’t seem so grateful for our service.

Senator John Kennedy: Veteran’s Champion

Enter Senator John Kennedy (R-LA), who has been a huge champion for Veterans. He has been working for years to fix this problem. Unfortunately, the Democrats in the US Senate think that this stripping of my rights is hunky dory and they wouldn’t cooperate to undo this.

Although ordinarily I hate amendments to spending bills for Congress pet issues, this once I can deal with it. Senator Kennedy was able to amend an appropriations bill by prohibiting the VA from reporting beneficiaries to NICS as “mental defectives” without “the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.”

This is all I ask as a Veteran. I have my Constitutionally protected rights upheld by my government just like any other citizen.

Thank you Senator Kennedy!

Finally, for more in depth analysis of the legal variety, Washington Gun Law tackles this topic also.

Edit

I made a horrible mistake. I knew who I meant, but I typed John Tester rather than John Kennedy. SMH I don’t know how I did that nor how I did not catch it. Thanks to reader Drew Kelley for catching it and rubbing my nose in the mistake.