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View Full Version : "UNDER USC. 5a THE VA, WAS INSTRUCTED



LONEEAGLE
09-03-03, 06:33 PM
:mad: I may have posted this before. I was reading what CAS 3?had posted about the VA, and Principi....What I'd like to know from this fine young lady, the guru of VA, just exactly how over 88K names of Veterans under USC 5a, got thru without permission from the Veteran themselves, which devulged names of whom the VA was apparently by law obligated to do, based on rules submitted to them by the ATF, FB-one, to give them about their personal records, and isn't there some law about Dr. Patient confidentiality? This is in ref. to those who by some criteria presented to the VA, via the aforementioned groups, that the names submitted are not "ALLOWED" to buy, have, own, use, any gun.....Along with their dependents. I think there maybe some unconstitutional issues here. Has anyone other than me addressed this issue? Veteran's that do not have, "INCOMPETENT", which is used for VA purposes only, for financial affairs, but have PTSD are allowed to own weapons. A recent study suggested that those with PTSD had many. The NICS, Clarksville Va. home of the standard background check system, Mr. FB one Munson, told me after I was denied any right to own a weapon, that if I got my "INCOMPETENCY" off my record, even with that he would doubt if he'd give me permission, but would not explain why? I told him; "SIR." "INCOMPETENTCY", your agency has taken out of context." "It is for financial affairs involving the payment of ones benefits to his/her chosing, it doesn't mean the person is some "NUT CASE." So, could you CAS-3, VA, guru, find out anything about this, and post it? I would really like to know, who, how, did all this under the table so to speak, and made the VA give these names. Granted there unfortunately those Veterans who are committed and reside at psychiatric hospitals. But, how can they include those of us without any criminal record at all as part of the "VETERAN'S" ineligible to obtain a firearm? Nobody wants to touch this. Why I don't know. I would like some type of answer. Thanks.

CAS3
09-03-03, 08:21 PM
Big Eagle, I believe I addressed it before...

http://www4.law.cornell.edu/uscode/5/1304.html

I am under the opinion that any veteran deemed incompetent has other issues unrelated to financial affairs. I know personally that my clients who have been classified as incompetent should NOT have a firearm within a miles reach.
I believe that in applying for a firearm, you may have given permission for a background check into your medical file and you may not have been aware that you were doing so.

LONEEAGLE
09-04-03, 10:09 AM
Hey CAS3!! Yea, I know. The Feds, have the right to get into anything. I don't think though they have the right to get into your Dr. patient biz. But nothin' I can do about that. However, at the time of my last eval, 91-92, made perm. I wasn't very good. Don't get me wrong. I still have problems. But, I was a record holder at the Range Camp Pen. twice, and also offered to be on the Corps shooting team. And was an instructor on gun safety and use, and at no time, did I leave guns out where I could easily get to them. I enjoy plinking. I wouldn't even dare think of using it, or any weapon against anyone, I did enuf killin' in the Nam. Here in Ill., I'm fine, as far as bein' able to own a handgun or shotgun, rifle, etc. It's this lame brain Munson at the NICS in VA. who has it in fer me, because I challenged his authority. I would hope my next question doesn't go any further than you. Can I get a reply of that and is it safe, to write to you, because what I have to say is sensitive, and I would like for you to do some investigations, w/o names, so I can, as they say, get it right from the horses mouth. Will you/can you/? Please reply, it is very important to me. I thank you dearly for your reply. I don't remember seein' a reply about the USC., 5a, VA requirements, maybe you could give a summary back to me? Thanks sister. Semper Fi

CAS3
09-04-03, 10:37 AM
Here is my work email
colleen.sullivan@mail.va.gov
I will be in my office next Monday.

LONEEAGLE
09-04-03, 10:46 AM
Is this e-mail, open to other's in the VA you work at?

CAS3
09-04-03, 10:54 AM
no it is private...

LONEEAGLE
09-04-03, 11:46 AM
tHANKS Colleen. I'll be writin' to ya. I hope you can answer some of my questions. I appreciate all. Semper Fi Sister

marine5
09-20-03, 05:30 PM
I know I am going to get a "Blast" for this...
As the young lady stated...the VA was requested to give the names
to the FBI and Anti Terror Squads...(Yep Disabled Veterans & Veterans
are considered possible "Terrorists")
There doing so is by LAW..illegal to do so !!!
No matter what the VA or US Government states...
Fact...the ALL Veterans with PTSD have been put on that list...
also FACt...most of their VA Doctors treating them made that decision,
with out asking the Veteran...

Sparrowhawk
09-20-03, 06:07 PM
Originally posted by marine5
I know I am going to get a "Blast" for this...
As the young lady stated...the VA was requested to give the names
to the FBI and Anti Terror Squads...(Yep Disabled Veterans & Veterans
are considered possible "Terrorists")
There doing so is by LAW..illegal to do so !!!
No matter what the VA or US Government states...
Fact...the ALL Veterans with PTSD have been put on that list...
also FACt...most of their VA Doctors treating them made that decision,
with out asking the Veteran...

If I read this right, being "incompetent" or being identified as being incompetent, is totally different then being 100% PTSD.

A whole lot of people besides veterans have PTSD, and continue and will continue to own guns. I think there is more here that may effect very few veterans.

There is nothing in the law that I can see that makes it impossible for a veteran with PTSD 100% from owning weapons.

Its just not there. If you can show me that particular legislation, then I would like to read that.

It seems there is some confusion here and nothing that CAS3 has posted has stated anything other then what is law, but it does not state what seems to be implied here. Unless I've read it wrong.

If they have access to my records does not bother me, I have nothing to hide. I own a few weapons, plus a few p-38's.

Where does it say that all Veterans with PTSD have been put on that list?

travissoleski
09-20-03, 06:37 PM
I LOVE MY COUNTRY BUT I FEAR MY GOVERNMENT.

WOW, THESE JACKASSES ARE DOING WHATEVER THEY WANT. OH WELL JUST LIKE THE REST OF OUR FELLOW AMERICANS I GUESS I'LL JUST LET IT HAPPEN AND JUST HOPE FOR MORE SECURITY.

To hell with that we should start doing something people.

SKI

CAS3
09-21-03, 02:01 PM
You people are taking Big Eagles post too far.
In fact, the VA has nothing to do with the FBI or ATF decision to not have a weapon permit. The VA can determine incompetency, wheather a veteran has PTSD or not. In most cases, incomptency is determined when a veteran cannot handle his financial affairs.
THE UNITED STATES CODE is what Big Eagle has a problem with. Not the VA.

greybeard
09-21-03, 08:25 PM
Originally posted by CAS3
You people are taking Big Eagles post too far.
In fact, the VA has nothing to do with the FBI or ATF decision to not have a weapon permit. The VA can determine incompetency, wheather a veteran has PTSD or not. In most cases, incomptency is determined when a veteran cannot handle his financial affairs.
THE UNITED STATES CODE is what Big Eagle has a problem with. Not the VA.

No we're not. Exactly the opposite. We're not taking it far enough.
The vets of this country have sat back and let other's, mostly civilians who have never been within 1000 miles of combat, make decisions about their care for decades now. It's led us to the sorry, shameful state of affairs WE now find ourselves in. Truth is a funny thing. It stands alone thru all assaults without wavering. Change it one little bit, & it becomes the ugliest thing on earth-a lie. Veteran care has become exactly that-a lie. The general population has swallowed it and still believes vets are well cared for and fairly provided for. That is the exception-not the rule. I do appreciate all the things you do here Cas, and fully realize you go above & beyond in your efforts to assist.