Veterans are being wrongfully declared incompetent at an alarming rate, in an effort to prohibit them from owning firearms. What are you afraid of, Barrack?

Homeless vet then and now pic

(by Michael Connelly, Constitutional Attorney)

There are an estimated 130,000 to 200,000 U.S. Military veterans homeless on any given night. These are America’s heroes who fought for us and our freedom and they don’t have a place to live. But, fear not, the Obama administration has a message for our homeless veterans; “drop dead”, we have illegal aliens that need to be housed.

As a result, there are several thousand illegals being housed at Lackland Air force Base in San Antonio at a cost to U.S. taxpayers of one half million dollars per day. However, apparently these accommodations are not sufficient for people who have willingly violated our laws. ICE is converting one of its buildings in San Antonio to suites to house over 350 illegals. These suites will reportedly include flat screen televisions and free WIFI.

So our homeless veterans will remain homeless and unfortunately under assault in other ways. Veterans are still being declared incompetent to handle their own financial affairs at an accelerating rate. The VA and the Department of Defense (DOD) are dropping any pretext of fairness and are not using legitimate reasons for making the declaration. I am hearing from more veterans who are being declared incompetent for the sole reason that their spouses are handling the family finances.

Once the declaration is made the veterans names are sent to the FBI that places them on the National Instant Criminal Background checklist (NICS) on the basis that because they are incompetent to handle their own financial affairs, they are therefore” mentally ill to the point of being a danger to themselves or others.” The determination of this status is not made by a psychologist or psychiatrist and there is no adjudication process as required by law. Eric Holder has decreed that any Federal employee, including independent contractors can declare a veteran mentally ill. Once that happens, the veteran can no longer purchase, own, possess, or transport firearms. If they do, they can be charged with a felony.

There is no due process for the veteran as is required by the Fifth Amendment to the U.S. Constitution. The burden is on the veteran to prove he or she is competent and not mentally ill. The veterans can appeal, but at their own expense and we at the United States Justice Foundation (USJF) are being hearing from veterans that they are often told that if they do exercise the right to appeal their financial benefits will be suspended until the appeal is resolved, which may take up to two years. This is extortion by the Federal government.

It gets worse; the FBI is doubling down on the denial of due process because on those rare occasions when veterans win their appeals and have the incompetency ruling reversed, the FBI is refusing to take them off the NICS list and telling them they still cannot own a firearm.

The DOD has also gotten into the act and is hiring outside independent contractors to declare veterans and even active duty personnel incompetent and deny them their Second Amendment rights. When the VA sends a letter to veterans telling them that they are about to be declared incompetent they are given 60 days to respond. This is apparently two long for the DOD because I have seen notices from the outside contractors to veterans giving them only 5 days to respond.

When we started working on this issue 18 months ago there were over 159,000 veterans on the NICS list and we estimated that over 99% of them did not belong there. Now, with the accelerated pace being pushed by both the VA and the DOD we believe the number may be close to 200,000 veterans on the NICS list. We have filed Freedom of Information Act Requests with the VA, DOD, FBI, and Department of Homeland Security to get information on the procedures and alleged justification they are using to disarm our veterans and to date have received no documents or information. We will be filing suit against all of these agencies if they fail to respond, as well as preparing complaints on behalf of individual veterans to get this stopped. Protecting our veterans must be a top priority!

Be sure to visit the Michael Connelly, Constitutional Attorney website!