Posted on 09/18/2014 4:53:24 AM PDT by marktwain
This image of a VA letter revoking second amendment rights based on PTSD diagnosis appears to be legitimate. I do not recall ever seeing this type of revocation being challenged in the courts. As the decision is a bureaucratic one, not one that was made with due process through the courts, a challenge other than the appeal process might hold promise.
The point here is that the VA should not have the power to unilaterally make this decision without court oversight. The existence of an appeals process is not, in my opinion, sufficient due process. I do not know how the letter was delivered. Was it properly served as a legal document?
Lawyers, feel free to enlighten us. Is the sending of a notice of an appeal process considered sufficient as to constitute due process of law? Would a mere letter, sent by first class mail, meet legal requirements of service?
©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
Ignore your BS? Seriously, unless I'm turned down at a POS to buy a firearm, no paper pusher in DC is going to tell me I can't protect myself.
Rebellion is brewing, folks.
For a soldier with PTSD who is only alive today due to the weapon saving his life, the worst PTSD treatment is to take away their firearm.
I recently heard a VA psychiatrist who also was a military psychiatrist in Iraq and Afghanistan state that his recommendation is for the vet to purchase one of those small safes that has a push button combination and it pops open immediately. Keep the gun in the safe next to your bed. This will allow you to keep a loaded gun close to you but still protect the loved ones from a dangerous flashback episode.
This psychiatrist, having walked the walk of a vet knows the reality of the situation. If they take away the vet’s gun for PTSD, vets will stay away from getting treatment.
The Republic is dead, Jim!
I know that mail sent is considered mail delivered. Return receipts and all that are usually considered an encumbrance and hold no more weight when being “served” legal documents/notices vs. first class mail.
This is what I know of dealing with MN Courts and the MN State Supreme Court. I’m quite sure the standard is the same in all 50 states.
Unless you have been summoned to court or have been notified of a hearing that is on the docket in some court, then the VA is taking it upon themselves to enforce this revocation. They may have something on file with the AG and there may be some obscure law they are using to provide authority to do this, or it could be unenforceable b.s. or a hoax.
Either way, I’d consult a real attorney in person.
Marbury v. Madison 1803, vol 5, pg 137
It is also not entirely unworthy of observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first mentioned, and not the laws of the United States generally, but those only which shall be made in pursuance of the Constitution, have that rank.
Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.
Norton v. Shelby County, 118 U.S. 425 (1886)
While acts of a de facto incumbent of an office lawfully created by law and existing are often held to be binding from reasons of public policy, the acts of a person assuming to fill and perform the duties of an office which does not exist de jure can have no validity whatever in law.
An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.
Rebellion is brewing indeed.
We had a Good run,
don’t be bitter.
I learned all I wanted to know about the VA back in '92, when I watched a "caregiver" in a VA hospital turn a 80 something year old WWII vet to the wall, in a corner, so that they did not have to watch him or hear him as he cried and suffered because of his physical inability to change his own diaper and was left to sit in the mess for the period of time sufficient for them to finish their damned Dunkin Donut break.
Only when I went to the man and started to wheel him into a private area to attempt to help him, did I receive action. It was not a positive action.
Shortly thereafter, I was escorted from the building and told not to return.
I will die on the curb in front of a damn VA hospital before I will go inside and seek help of any kind from the pieces of shit.
They once advised me that because they give me a piddling little disability check ($130.00) once a month, that they "owned" me.
Big whooping deal! They take the damned money right back out of my retired pay, so in actuality, I receive NOTHING from them
I was advised that if I continued to attempt to stop the payment, that my mental condition could be reviewed and I could be involuntarily committed.
That is a damned lie, I know it, they know it and when confronted with a phone call from a lawyer, they backed down and nothing was put to record. They would not even respond to a written inquiry or acknowledge that they had received it.
As far as 2nd Amendment rights, in my voluntary capacity as a advocate, it has never come up, although I am aware of a few cases wherein a private physician had submitted documentation of the treatment of vets for dementia and other mental problems, supposedly in compliance with the Brady Act requirements.
Personally, I think the letter is BS or at the very least, if genuine, nothing more than smoke and mirrors, which the VA is very good at.
They make idle threats and stupid assertions all the time, usually without any legal basis for doing so.
I have several examples of that, ranging from garnishment of private sector pay checks for the cost of aspirin, to the placement of liens on homes of veterans that owe money for treatment, to the threat of "repossessing" a prosthetic appliance.
They need to be done away with and the entire agency reconstructed from the bottom up, with true veterans as the guiding committee.
But, that will never happen, as too many people suck off the VA tit and do absolutely nothing for it, from the guy that is supposed to clean up the vomit in the hallway, all the way up to the butthead that obama appointed recently.
Now that there appears to be a blood test to detect depression, are we to expect the government hospitals to routinely run this test as part of any blood board? Should people expect these letters?
Not really far fetched. Government, NSA scouring health records for “security and safety’s sake of course” looking to eliminate the number guns held not by them.
I wouldn’t put anything past these moral busybody bureaucrats!
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.
C. S. Lewis
100% disability for PTSD implies...nay, confirms...a total loss of contact with REALITY.
Are you a combat veteran? Yes or No?
No ground combat.
>>100% disability for PTSD implies...nay, confirms...a total loss of contact with REALITY. <<
I do not think you are qualified to judge a man who has been in firefights then. The sights, sounds and smell are something that you never forget. They affect different people in many different ways.
I don't judge them. In fact I have been diagnosed military PTSD as a result of being waterboarded to unconsciousness.
I've been to group therapy with some of these guys.
However, I know the criteria for 100% disability and I know those guys should not have guns as the DIAGNOSED breaks with reality are both very frequent and profound.
The saddest part of it is, their GREATEST FEAR is to be without a weapon.
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