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-   -   Veterans with Fiduciaries on NICS database (http://glocktalk.com/forums/showthread.php?t=1395693)

castroj 01-18-2012 20:40

Veterans with Fiduciaries on NICS database
 
In October when I went to renew my CCW license, I was rejected because they said I was on the FBI NICS database. I am a veteran with a passed bout with PTSD and have my wife as my fiduciary. Although I have had my license for 16 years since Texas started issuing CCW it did not matter. No, I was not evaluated if I was a danger to myself or anyone else. The FBI just took the veterans fiduciary database and dumped it on their NICS database. So, now all those veterans coming back from the middle east are not going to go to the VA for PTSD, in fear they also will be put on the NICS. We were ready to give our lives for people of other countries to have our rights. Now we have lost them! Now, "Be judged by 12 or carried by 6" has taken on a new meaning. I am handicapped from diabetes, neuropathy, back hearniated disc, new knee replacement. I was using my CCW to protect myself and family. But, now if I do, I will be outside of the law. Are you enjoying the change? Brady law, gun control loving leaders, combine to take what we have fought for so hard in our lives. Our rights!

the iceman 01-18-2012 21:01

You should post this in GNG where it would get a lot of attention.

Jerry 01-18-2012 21:32

We, “The People” need to find a way to put a stop to this blatant disregard of the Constitution and abuse of power. :steamed:

TexasFats 01-19-2012 16:32

Somehow, I suspect that many of the veterans of combat WWI, WWII, Korea, and Viet Nam also suffered from PTSD, but I don't think that many of them caused any blood baths. It is just a bureaucratic trick to make sure that military veterans (originally identifed by Janet's Dept. of Homeland Security as potential Right-Wing Terrorists) are unarmed so that they can be safely gathered up for "re-education" a few years from now.

castroj 01-20-2012 03:38

S3167 Veterans 2nd Amendment Protection Act
 
Bill pending: S3167 - Veterans 2nd Amendment Protection Act
Sponsor: Senator Richard Burr R-NC with 19 other co-sponsors

Official Summary
6/19/2008--Introduced.
Veterans 2nd Amendment Protection Act - Prohibits considering a veteran, surviving spouse, or child who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such veteran, surviving spouse, or child is a danger to him- or herself or others.

You can go to: http://www.opencongress.org/bill/110-s3167/show and see this information. The bill has been read twice and referred to the senate veterans affair committee.

Now if we can all email Senator Burr R-NC and the other 19 co-sponsors to support this bill, all veterans with fiduciaries who were put on the NICS will be able to be taken off the NICS. A similar bill has already been passed in the House H.R. 2349.

Then this loyal veteran can be legal again. Justice restored! <!-- / message -->

Jerry 01-20-2012 12:02

That bill was introduced in 2008? I did read that correctly right? Doesn’t seem to be going anywhere fast. I’ll be contacting my congressmen and pushing them to do something.

ancient_serpent 01-20-2012 12:21

Thanks for bringing this up, I'll get my vet friends looking at this, too.

squiddie545 01-21-2012 10:58

This is fracked up. We can parole murderers but not extend 2A rights to veterans for service related injury. make no mistake, PTSD is a service related injury related to service for Uncle Sam.

plainsman 02-27-2012 19:03

First they came for, but I
 
Remember that old story from Nazi Germany, first they came for this group, then that group, then they will come for you. Well it's divide and conquer, eventually most people will run afoul of the law, (by visiting a doctor?) and have their rights taken away

As long as gunowners are fragmented, and do retaliate against those who would take away your rights and the right to bear arms, nothing with change. You can thank the 94% of gunowners who do not belong or support any progun organization for a start.

Over 80 million gunowners, and yet some minnow on the endangered species list has more rights then you do......

BudMan5 02-27-2012 19:51

This has nothing to do with PTSD.

A vet that has been ruled incompetent to manage his own affairs is what the OP is talking about. This is a vet who, for whatever reason, has a poerson cvlose to him, usually a spouse or sibling if no spouse is available, assigned to manage the vet's financial affairs. They aqre judged incompetent to manage their own affairs by competent medical authority and only after lengthy investigation will the VA assigned a fiduciary. Even then, they also assigned a VA fireld investigator to frequently check on the vet and audit his/her financial affairs to ensure that the vet is not being ripped off by the fiducuary.

This is a medical determination that rates the vet incompetent to manage his own affairs which makes it a mental health issue and that is why it is included in the NICS database.

I am a retired VA Rating Specialist and had to frequently make those determinations.

In the past, many vets elected to do this so their spouse could have control of the money and the VA did not warn them of the consequences. But for the last several years, the vet is in formed and has to sign a statement confirming his understanding of what may be the consequences of having a fiduciary assigned.

"Fiduciary"
A person legally appointed and authorized to hold assets in trust for another person. The fiduciary manages the assets for the benefit of the other person rather than for his or her own profit.




Kingarthurhk 03-04-2012 03:41

Quote:

Originally Posted by castroj (Post 18452227)
In October when I went to renew my CCW license, I was rejected because they said I was on the FBI NICS database. I am a veteran with a passed bout with PTSD and have my wife as my fiduciary. Although I have had my license for 16 years since Texas started issuing CCW it did not matter. No, I was not evaluated if I was a danger to myself or anyone else. The FBI just took the veterans fiduciary database and dumped it on their NICS database. So, now all those veterans coming back from the middle east are not going to go to the VA for PTSD, in fear they also will be put on the NICS. We were ready to give our lives for people of other countries to have our rights. Now we have lost them! Now, "Be judged by 12 or carried by 6" has taken on a new meaning. I am handicapped from diabetes, neuropathy, back hearniated disc, new knee replacement. I was using my CCW to protect myself and family. But, now if I do, I will be outside of the law. Are you enjoying the change? Brady law, gun control loving leaders, combine to take what we have fought for so hard in our lives. Our rights!

Interesting. I disagree with not issuing you a CCW. However, you are not alone in your scenario regarding PTSD issues. However, if you are in Law Enforcement, you don't get assistance with it. If you have it, and it gets documented, you get fired. There is no going back.

That is why there is a huge propensity for alcoholism. It killed a buddy of mine a month after he retired. He had a seizure as a result of a years long battle with addiction, and died.

If you get accused of any domestic violence, true or false, Brady says you can't posses a firearm. Another career ender.

If feel for your situation. Rest assured, you are not the only one that gets screwed if they ask for help.

Rather that helping out our veterans or our law enforcement communities for some the horrendous stuff they have had to deal with the government castigates them and compounds the problem by tearing up their Second Amendment rights and ending their careers.

PTSD is a temporary problem to trauma and stress from life and death situations.

If you are involved in a shooting, whether in comabt or in law enforcement, the same factors come into play psychologicially.

It is time society stands up for these folks rather than relegating them to rejects who are rubber stamped "defective". They are not "defective". They are simply people who need some counseling to work through the problem and being taught copeing techniques.

This thing is fixable, and the way that it is being handled is a travesty.

Foxtrotx1 03-04-2012 03:45

Quote:

Originally Posted by BudMan5 (Post 18640144)
This has nothing to do with PTSD.

A vet that has been ruled incompetent to manage his own affairs is what the OP is talking about. This is a vet who, for whatever reason, has a poerson cvlose to him, usually a spouse or sibling if no spouse is available, assigned to manage the vet's financial affairs. They aqre judged incompetent to manage their own affairs by competent medical authority and only after lengthy investigation will the VA assigned a fiduciary. Even then, they also assigned a VA fireld investigator to frequently check on the vet and audit his/her financial affairs to ensure that the vet is not being ripped off by the fiducuary.

This is a medical determination that rates the vet incompetent to manage his own affairs which makes it a mental health issue and that is why it is included in the NICS database.

I am a retired VA Rating Specialist and had to frequently make those determinations.

In the past, many vets elected to do this so their spouse could have control of the money and the VA did not warn them of the consequences. But for the last several years, the vet is in formed and has to sign a statement confirming his understanding of what may be the consequences of having a fiduciary assigned.

"Fiduciary"
A person legally appointed and authorized to hold assets in trust for another person. The fiduciary manages the assets for the benefit of the other person rather than for his or her own profit.




Logic. why would you bring it into a thread?

castroj 07-17-2012 01:18

I know I have not updated on this post lately, but, I just last week received a letter from the VA that they received my request for exemption from being reported on the NICS according to their 1050 fast letter. I also received a call from a regional officer asking if I had a doctors evaluation. According to their 1050 fast letter one of their doctors is to evaluate me, but, I guess if I have an outside doctor evaluation to attach that would be OK. I told the lady that I did not have an outside doctor and I would have my VA primary doctor evaluate me as he should best know my entire condition. He see's me every 3 to 6 month for blood work and diabetes evaluation and we discuss any and everything else in my life(and my doctor is truly a great doctor for being really concerned). She said that she would go a head and forward my request for evaluation. That they should be able to get my information from the VA files. Once I have further information I will post again. Later - John

RussP 07-17-2012 18:23

Glad you're making progress, John. Thanks for the update...

frizz 07-20-2012 15:58

Quote:

Originally Posted by Kingarthurhk (Post 18663725)
If you get accused of any domestic violence, true or false, Brady says you can't posses a firearm. Another career ender.

While I see how a cop's career would end after a accusation, there's a little more than that to make you a "prohibited person" under the law. Not counting temporary restrictions on possession when under a domestic restraining order, someone has to be convicted of domestic violence before there is a permanent bar to possession.

Even if the case is dismissed and even if the accuser is convicted of perjury, the bureaucrats are going to be afraid of it being in the news if the cop is later involved in a high-profile incident such as a shooting.

They are afraid of this:
In addition to being an aspiring "rapper" (who's mother attests was "a good boy, and he was just getting his life together") the dead man was shot by a policeman who has a domestic violence complaint on his record.
We take such good care of our cops and service members, don't we?

castroj 08-27-2012 22:38

RussP and all others, thank you for your patience and support. I know I have been far and in between my posts, but, it is taking time to process through the system. As of my last post in July I had called my primary provider to set an appointment to see him for a letter stating I was capable of safely handling firearms and did not nor have not posed any danger to anyone including my self. For the last 18 years that he has been my PCP and I safely maintained a Texas CCW license. I am now going to send this letter as new finding in support of my request to be exempted from being reported on the NICS database as per the 1050 fast letter. Lets see how long it takes for me to receive the final regional release letter stating that my request for removal from NICS has been approved and forwared to the FBI. I will post upon receipt.

Gunnut 45/454 08-28-2012 11:45

castroj
Good luck I've not heard good things about the FBI actually doing there job in getting folks status changed in NICS. I would bet you get a whole bunch more paperwork possibly a court appearance to do! Lets us know !:supergrin:

castroj 11-29-2012 23:21

Still waiting
 
I keep checking on ebenefits to see if my application for NICS exemption has progressed through the VA system, and all I see is that it is pending. The regional workers last comment on the case was, "don't know how long this will take". But, according to the VA fast letter it is only to take 60 days for evaluation, then 90 days for response from NICS removal. I will have to see if I can speak with the worker and ask them to read the 1050 letter!

Lord 03-12-2014 10:58

see an attorney... see how fast they respond.

Burque-IL 05-13-2014 05:07

Thank God for unconditional open carry in my state (unless you're a felon or under 19 years of age). I can only imagine what will happen when I apply in a few months.

Hope you get this figured out quick, OP.


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