Veterans Disarmament Act To Bar Vets From Owning Guns

[pisshead]

how conservative! score another one for freedom!!

Veterans Disarmament Act To Bar Vets From Owning Guns [align=left] Larry Pratt
Sunday September 23, 2007[/align]
Hundreds of thousands of veterans -- from Vietnam through Operation Iraqi Freedom -- are at risk of being banned from buying firearms if legislation that is pending in Congress gets enacted.
How? The Veterans Disarmament Act -- which has already passed the House -- would place any veteran who has ever been diagnosed with Post Traumatic Stress Disorder (PTSD) on the federal gun ban list.
This is exactly what President Bill Clinton did over seven years ago when his administration illegitimately added some 83,000 veterans into the National Criminal Information System (NICS system) -- prohibiting them from purchasing firearms, simply because of afflictions like PTSD.
The proposed ban is actually broader. Anyone who is diagnosed as being a tiny danger to himself or others would have his gun rights taken away ... forever. It is section 102((1)©(iv) in HR 2640 that provides for dumping raw medical records into the system. Those names -- like the 83,000 records mentioned above -- will then, by law, serve as the basis for gun banning.
(Article continues below)


No wonder the Military Order of the Purple Heart is opposed to this legislation.
The House bill, HR 2640, is being sponsored by one of the most flaming anti-Second Amendment Representatives in Congress: Carolyn McCarthy (D-NY). Another liberal anti-gunner, Sen. Patrick Leahy (D-VT), is sponsoring the bill in the Senate.
Proponents of the bill say that helpful amendments have been made so that any veteran who gets his name on the NICS list can seek an expungement.
But whenever you talk about expunging names from the Brady NICS system, youâ??re talking about a procedure that has always been a long shot. Right now, there are NO EXPUNGEMENTS of law-abiding Americansâ?? names that are taking place under federal level. Why? Because the expungement process which already exists has been blocked for over a decade by a "funds cut-off" engineered by another anti-gunner, Sen. Charles Schumer (D-NY).
So how will this bill make things even worse? Well, two legal terms are radically redefined in the Veterans Disarmament Act to carry out this vicious attack on veteransâ?? gun rights.
One term relates to who is classified a "mental defective." Forty years ago that term meant one was adjudicated "not guilty" in a court of law by reason of insanity. But under the Veterans Disarmament Act, "mental defective" has been stretched to include anyone whom a psychiatrist determines might be a tiny danger to self or others.
The second term is "adjudicate." In the past, one could only lose one's gun rights through an adjudication by a judge, magistrate or court -- meaning conviction after a trial. Adjudication could only occur in a court with all the protections of due process, including the right to face one's accuser. Now, adjudication in HR 2640 would include a finding by "a court, commission, committee or other authorized person" (namely, a psychiatrist).
Forget the fact that people with PTSD have the same violent crime rate as the rest of us. Vietnam vets with PTSD have had careers and obtained permits to carry firearms concealed. It will now be enough for a psychiatric diagnosis (a "determination" in the language of the bill) to get a veteran barred *for life * from owning guns.
Think of what this bill would do to veterans. If a robber grabs your wallet and takes everything in it, but gives you back $5 to take the bus home, would you call that a financial enhancement? If not, then we should not let HR 2640 supporters call the permission to seek an expungement an enhancement, when prior to this bill, veterans could not legitimately be denied their gun rights after being diagnosed with PTSD.
Veterans with PTSD should not be put in a position to seek an expungement. They have not been convicted (after a trial with due process) of doing anything wrong. If a veteran is thought to be a threat to self or others, there should be a real trial, not an opinion (called a diagnosis) by a psychiatrist.
If members of Congress do not hear from soldiers (active duty and retired) in large numbers, along with the rest of the public, the Veterans Disarmament Act -- misleadingly titled by Rep. McCarthy as the NICS Improvement Amendments Act -- will send this message to veterans: "No good deed goes unpunished."

pisshead Reviewed by pisshead on 09-23-2007. Veterans Disarmament Act To Bar Vets From Owning Guns how conservative! score another one for freedom!! Veterans Disarmament Act To Bar Vets From Owning Guns Larry Pratt Sunday September 23, 2007 Hundreds of thousands of veterans -- from Vietnam through Operation Iraqi Freedom -- are at risk of being banned from buying firearms if legislation that is pending in Congress gets enacted. How? The Veterans Disarmament Act -- which has already passed the House -- would place any Rating: 5

[Mississippi Steve]

They will have to pry my guns from my cold dead hands.

[HighTillIDie]

i just bought the savage i wanted too.

[Zimzum]

Mental disorders and guns are what started the Virginia Tech shooting. Why is it ok for ex military with mental disorders to own guns, or anyone for that matter? Nutjobs need not apply for a firearm, regardless of past training. Its almost like allowing drinking and driving to go together.

[killerweed420]

Because if they outlawed nut jobs from having guns no one in America would have a gun.Including police officers. Who gets to decide who's a nut job or not? More crappy left wing legislation to try and disarm Americans.

[Zimzum]

O no's.. negative rep boohoo...:clap:

I'll still stand by my comments. If someone can be called unfit by a doctor then no guns for them. Add an amendment that requires a physical much like truck drivers have to take for a CDL/Hazmat license. Or maybe we can give out guns to the blind as well... I don't know if you know anyone that is bipolar, i do, and no way in hell should they EVER have a firearm.

[Dutch Pimp]

..if the vets I know here about this...they will go postal...:yippee:

[Gandalf_The_Grey]

O no's.. negative rep boohoo...:clap:

I'll still stand by my comments. If someone can be called unfit by a doctor then no guns for them. Add an amendment that requires a physical much like truck drivers have to take for a CDL/Hazmat license. Or maybe we can give out guns to the blind as well... I don't know if you know anyone that is bipolar, i do, and no way in hell should they EVER have a firearm.

Wow, negative rep just for having the wrong opinion? What kind of stupid asshole does that?

[Zimzum]

The only thing about baring guns from those with mental disorders that I can find in this are people who have been committed to a mental health institution via a court order. The rest seems to be for cleaning up and better organizing the NICS database.

I am in the process of getting a felony expunged from my record so I may pickup my firearms from my dads house in PA. But even after I get this done it will take months if not years for my expungement to filter threw all this background checking. This at least seems like it would speed up my situation due to agencies having to report at least quarterly.

H.R. 2640: NICS Improvement Amendments Act of 2007

Overview Summary Floor Speeches Other Info

Congressional Research Service

The following summary is provided by the Congressional Research Service, which is a nonpartisan government entity that serves Congress and is run by the Library of Congress. The summary is taken from the official website THOMAS.

6/13/2007--Passed House without amendment.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
NICS Improvement Amendments Act of 2007 -

Title I - Transmittal of Records

Section 101 -

Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Attorney General to obtain electronic versions of information from federal agencies on persons disqualified from receiving firearms; (2) require federal agencies to provide such information to the Attorney General, not less frequently than quarterly; and (3) require federal agencies to update, correct, modify, or remove obsolete records and notify the Attorney General of such action to keep the National Instant Criminal Background Check System (NICS) up to date. Requires the Attorney General to submit annual reports to Congress on the compliance of federal agencies with such reporting requirements.

Requires the Secretary of Homeland Security to provide the Attorney General, not less than quarterly, information for determining whether a person is disqualified under the federal criminal code from possessing or receiving a firearm for use in NICS background checks.

Requires the Attorney General to: (1) ensure that all NICS information received from federal agencies is kept accurate and confidential; (2) provide for the removal and destruction of obsolete and erroneous names and information from the NICS; and (3) work with states to encourage the development of computer systems for notifying the Attorney General when a court order has been issued or removed or a person has been adjudicated as mentally defective or committed to a mental institution.

Prohibits federal agencies from providing a person's mental health or commitment information to the Attorney General if: (1) such information has been set aside or expunged or the person involved has been fully released or discharged from all mandatory treatment, supervision, or monitoring; (2) the person has been found to no longer suffer from a mental health condition or has been found to be rehabilitated; or (3) the person has not been found to be a danger to himself or others or the person lacks the mental capacity to manage his own affairs.

Section 102 -

Grants states a two-year waiver of the matching fund requirement (10%) for criminal justice identification grants if such states provide at least 90% of the information required to be transmitted to the NICS under this Act.

Requires states to provide reasonable estimates of the number of records transmitted to the NICS for purposes of granting such waiver.

Requires states to make electronically available to the Attorney General records relating to persons: (1) t disqualified from possessing or receiving a firearm; (2) convicted of misdemeanor crimes of domestic violence; and (3) adjudicated as mentally defective or committed to mental institutions. Requires states to update, correct, modify, or remove obsolete records in the NICS.

Requires the Attorney General to: (1) establish regulations and protocols to protect the privacy of information in the NICS; and (2) report annually to the Judiciary Committees of Congress on the progress of states in automating criminal records databases and making such data available to the Attorney General.

Section 103 -

Requires the Attorney General to make grants to states and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations. Allows up to 5% of grant funding for Indian tribal governments, including tribal judicial systems. Specifies allowable uses of grant funds. Authorizes appropriations for FY2008-FY2010.

Prohibits the Federal Bureau of Investigation (FBI) from charging user fees for NICS background checks.

Section 104 -

Requires the Attorney General to submit to the Judiciary Committees of Congress an annual report on the progress of states in automating databases of information for transmittal to the NICS. Authorizes appropriations.

Provides for discretionary and mandatory penalties for states that fail to provide information required by this Act. Allows a waiver of such penalties for states that provide substantial evidence of reasonable efforts to comply with requirements for providing information.

Section 105 -

Requires states, as a condition of grant eligibility, to establish procedures to allow persons with disabilities relating to mental health status or commitment to obtain relief from such disabilities for purposes of firearms eligibility. Requires states to allow de novo review in state courts of denials of relief.

Title II - Focusing Federal Assistance on the Improvement of Relevant Records
Requires the Director of the Bureau of Justice Statistics to: (1) study and evaluate the operations of the NICS; and (2) report to Congress annually on state estimates of records transmitted to the NICS and on best practices of states for handling information to be transmitted to the NICS.
Authorizes appropriations for FY2008-FY2010.

Title III - Grants to State Court Systems for the Improvement in Automation and Transmittal of Disposition Records
Requires the Attorney General to make grants to states and Indian tribal governments for use by state and tribal court systems to improve the automation and transmittal of criminal history dispositions and records and mental health adjudications or commitments to federal and state record repositories. Authorizes appropriations for FY2008-FY2010.

Title IV - GAO Audit
Requires the Comptroller General to audit expenditures for criminal records improvement under the Brady Handgun Violence Prevention Act to determine if such expenditures were made in accordance with such Act and to report to Congress on the findings of such audit.

[Zimzum]

Do you also know that the NRA is supporting this bill as well?




Rep. Addison Wilson [R-SC]: Mr. Speaker, nearly 2 months after the horrifying events at Virginia Tech took the lives of 32 innocent people, I am grateful the House last week acted to improve State reporting to the National Instant Criminal Background Check System. Sadly, had this legislation been in place sooner, that tragic day at Virginia Tech might never have occurred.

I'm especially pleased that the National Rifle Association, of which I'm a proud member, was active in supporting this effort. I'm also thankful John Goodwin, previously with former Congressman Rob Simmons, has recently joined their able team. The NRA plays a vital role in promoting second amendment rights, and I appreciate their work.

In conclusion, God bless our troops and we will never forget September 11. Our sympathy to the people of Charleston due to the tragic deaths of courageous firemen.