VA Taking Veterans' Guns

MikeG

Senior Member.
Conspiracy theorists like to use veterans as a way to illustrate citizens suffering from evil, arbitrary government. I suppose they like the stark contrast between people who have made enormous sacrifices for a system that abuses them and their rights.

A recent article appearing in Activist Post tried to make this point with respect to the Veterans Administration’s violation of due process and an outright attack on gun ownership. Apparently, veterans are being declared incompetent and stripped of their right to bear arms.

Some veterans do suffer from physical and mental impairment that affects their competency. No real surprise there.

A little research revealed an elaborate system to determine competency already exists in federal law and VA policy. It is primarily focused on administering benefits and makes clear allowances for due process and appeals. It does ban individuals deemed mentally incompetent from owning firearms. But again, it is a policy that smacks of common sense, not a conspiracy.

http://www.activistpost.com/2016/07/feds-assault-u-s-war-veterans-wont-believe.html

Connelly provides a copy of a 2012 letter from the Veterans Administration as evidence. (attached) This passage was particularly important to him:

The actual standards for a determination of competency is contained in the Code of Federal Regulations, specifically Title 38, Chapter I, Part 3, Subpart A Section 3.353

https://www.law.cornell.edu/cfr/text/38/3.353

Veterans do have the right to appeal competency decisions. The guidelines are available on the VA website and attached here.

In sum, there are clear policies in place that presume competency. A significant burdens falls on the state. The system still allows administrative appeal.
 

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