Sunday, March 17, 2013

Veterans' 2nd Amendment Rights Attacked

February 21, 2013

It's been a relatively slow news day on the defense of the 2nd Amendment front. Or it was, until I read this.

According to this article, hundreds or thousands of our veterans are at risk of being deprived of their 2nd and 5th Amendment rights.

I don't know this website or this Constitutional Attorney / author. But if what he writes in this article is true, it is extremely troubling and needs some serious explanation and a heavy dose of due process.

It boils down to:
1) We, the VA, have 'evidence' that you cannot handle your VA benefits and should not possess a firearm.
2) We have a decision pending that affects your rights.
3) You have 60 days to provide your own evidence for our consideration.
4) We have not provided you any specifics of our 'evidence,' so you don't know what you need to defend against.

"The letter provides no specifics on the reasons for the proposed finding of incompetency; just that is based on a determination by someone in the VA. In every state in the United States no one can be declared incompetent to administer their own affairs without due process of law and that usually requires a judicial hearing with evidence being offered to prove to a judge that the person is indeed incompetent. This is a requirement of the Fifth Amendment to the U.S. Constitution that states that no person shall “… be deprived of life, liberty, or property without due process of law…”.
...
There are no clear criteria for the VA to declare a veteran incompetent.
...
In fact, many of the veterans being deprived of their rights have no idea why it is happening."

Links to the actual 3-page VA letter are available at the bottom of this article:http://redflagnews.com/headlines/disarming-americas-heros-veterans-receiving-official-letters-prohibiting-them-from-purchasing-possessing-receiving-or-transporting-a-firearm-or-ammunition

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