Disarmed by Disqualification

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SOTG 212 – Disarmed by Disqualification

We examine the latest end-around the Congress and the U.S. Constitution by Comrade Barry. This time our Dear Leader is attempting to use the Social Security Administration to disqualify up to 4.2 million Americans from owning firearms.
Sheriff’s Deputies in Wooster, Ohio stand guard outside an Armed Forces Recruiting Center.

During our SWAT Fuel Fitness Talk Jarrad focuses on isolation workouts; the benefits and detriments of that type of exercise.

SOURCES:

From www.newsnet5.com:

“Following the shooting at a Chattanooga, Tennessee military recruitment center, Wayne County Sheriff Deputies stood watch outside of their local recruitment center.

Captain Doug Hunter sent an email to his department, and to no surprise to him, he received a positive response.

“We’re here today on our own time. This isn’t something that we are being compensated for, simply as a way to show support for our service men.“

From townhall.com:

“If legislation fails, try for regulation. If regulation doesn’t work, issue an executive order.

A few months ago I wrote a story about the Obama administration putting veterans who need help with their finances on the no-buy list in the federal background check system. Some background:

Chairman of the Senate Judiciary Committee Chuck Grassley (R-Iowa) has sent a letter to Attorney General Eric Holder expressing deep concerns over Veterans Affairs evaluations classifying veterans as “mentally defective” and banning them in the federal background check system from purchasing or owning a firearm.

According to Grassley’s office, the VA “reports individuals to the gun ban list if an individual merely needs financial assistance managing VA benefits,” keeping them from exercising their Second Amendment rights. (Bolding is mine)

“The National Instant Criminal Background Check System (NICS) is effectively a national gun ban list and placement on the list precludes the ownership and possession of firearms. According to the Congressional Research Service, as of June 1, 2012, 99.3% of all names reported to the NICS list’s “mental defective” category were provided by the Veterans Administration (VA) even though reporting requirements apply to all federal agencies. And that percentage remained virtually unchanged as of April 2013. Given the numbers, it is essential to ensure that the process by which the VA reports names to the Department of Justice (DOJ) for placement on the NICS list recognizes and protects the fundamental nature of veterans’ rights under the Second Amendment,” Grassley wrote in the letter. “Specifically, once the VA determines that a veteran requires a fiduciary to administer benefit payments, the VA reports that veteran to the gun ban list, consequently denying his or her right to possess and own firearms. In the past, the VA has attempted to justify its actions by relying on a single federal regulation, 38 C.F.R. § 3.353, which by its plain language grants limited authority to determine incompetence, but only in the context of financial matters: ‘Ratings agencies have sole authority to make official determinations of competency and incompetency for purposes of: insurance and…disbursement of benefits.'”

The VA is placing veterans on the gun ban list without proper legal backing and is certainly engaged in over reach through this practice.

Now, the administration is planning to do the same with Social Security recipients who need financial help managing their benefits (benefits they paid into for decades, by the way). More from the LA Times (bolding is mine):

Seeking tighter controls over firearm purchases, the Obama administration is pushing to ban Social Security beneficiaries from owning guns if they lack the mental capacity to manage their own affairs, a move that could affect millions whose monthly disability payments are handled by others.

The push is intended to bring the Social Security Administration in line with laws regulating who gets reported to the National Instant Criminal Background Check System, or NICS, which is used to prevent gun sales to felons, drug addicts, immigrants in the country illegally and others.

A potentially large group within Social Security are people who, in the language of federal gun laws, are unable to manage their own affairs due to “marked subnormal intelligence, or mental illness, incompetency, condition, or disease.”

There is no simple way to identify that group, but a strategy used by the Department of Veterans Affairs since the creation of the background check system is reporting anyone who has been declared incompetent to manage pension or disability payments and assigned a fiduciary.

If Social Security, which has never participated in the background check system, uses the same standard as the VA, millions of its beneficiaries would be affected. About 4.2 million adults receive monthly benefits that are managed by “representative payees.”

The move is part of a concerted effort by the Obama administration after the 2012 Sandy Hook Elementary School shooting in Newtown, Conn., to strengthen gun control, including by plugging holes in the background check system.
What in the world do Social Security benefits have to do with Sandy Hook? Will using the Social Security system as a way to implement gun control prevent another Sandy Hook? The answer is no. The Obama administration announced earlier this year it would be pursuing new gun control measures by the end of the year. This is just the beginning.“

From www.armystudyguide.com:

“The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. Soldiers are not exempt from the Lautenberg Amendment.

Summary court-martial convictions, nonjudicial punishment under Article 15, UCMJ, and deferred prosecutions (or similar alternative dispositions) in civilian court do not constitute qualifying convictions within the meaning of the Lautenberg Amendment. The prohibitions do not preclude a soldier from operating major weapons systems or crew served weapons such as tanks, missiles, and aircraft. The Lautenberg Amendment applies to soldiers with privately owned firearms and ammunition stored on or off post.

Army policy is that all soldiers known to have, or soldiers whom commanders have reasonable cause to believe have, a conviction of a misdemeanor crime of domestic are non-deployable for missions that require possession of firearms or ammunition. Soldiers affected by the Lautenberg Amendment are not eligible for overseas assignment. However, soldiers who are based outside the continental United States (OCONUS) will continue to comply with their assignment instructions.

Soldiers with qualifying convictions may not be assigned or attached to tables of organization and equipment (TOE) or modified TOE (MTOE) units. Commanders will not appoint such soldiers to leadership positions that would give them access to firearms and ammunition. Soldiers with qualifying convictions may not attend any service school where instruction with individual weapons or ammunition is part of the curriculum.

Soldiers whom commanders know, or have reasonable cause to believe have, a qualifying conviction may extend if otherwise qualified, but are limited to a one year extension. Affected soldiers may not reenlist and are not eligible for the indefinite reenlistment program. Soldiers barred from reenlistment based on a Lautenberg qualifying conviction occurring after 30 September 1996 may not extend their enlistment. However, such soldiers must be given a reasonable time to seek removal of the conviction or a pardon.

Officers are subject to the provisions of the Lautenberg Amendment like any other soldier. The effects of are somewhat different if an officer has a qualifying conviction. Officers may request release from active duty or submit an unqualified resignation under AR 600-8-24, Officer Transfers and Discharges.“

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Paul G. Markel has worn many hats during his lifetime. He has been a United States Marine, police officer, professional bodyguard, and small arms and tactics instructor. Markel has been writing professionally for law enforcement and firearms periodicals for nearly 20 years, and has hundreds of articles in print. A regular guest on nationally syndicated radio talk shows, Markel is a subject matter expert in firearms training and use of force. Markel has been teaching safe and effective firearms handling to students, young and old, for decades and has also worked actively with 4H Shooting Sports programs. Markel holds numerous instructor certifications in multiple disciplines; nonetheless, he is, and will remain a dedicated Student of the Gun.

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Not just another pretty face, Jarrad Markel has experience and training beyond his years. Jarrad has been training to be a fighter since elementary school when he first learned the art of collegiate wrestling. Now skilled in Jujitsu, Judo, Muay Thai, Sambo, the Way of the Fighting Pistol and Fighting Rifle, Jarrad is a well-rounded, tactical athlete with several professional MMA fights under his belt. More than a brute, Jarrad has brains as well. He is the lead editor and videographer for Student of the Gun and works directly for Think On! Productions creating a wide variety of video material. In addition, Markel is a skilled web & blog designer, building material for the Internet side of the house.

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Professor Paul Markel

Founder & CEO at Student of the Gun

Paul G. Markel has worn many hats during his lifetime. He has been a U.S. Marine, Police Officer, Professional Bodyguard, and Small Arms and Tactics Instructor. Mr. Markel has been writing professionally for law enforcement and firearms periodicals for nearly twenty years with hundreds and hundreds of articles in print. Paul is a regular guest on nationally syndicated radio talk shows and subject matter expert in firearms training and use of force. Mr. Markel has been teaching safe and effective firearms handling to students young and old for decades and has worked actively with the 4-H Shooting Sports program. Paul holds numerous instructor certifications in multiple disciplines and a Bachelor’s degree in conflict resolution; nonetheless, he is and will remain a dedicated Student of the Gun.