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Firearms Restriction


JOHN1
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Question

I was told by a VA rep today that the "Fireams Restriction" for those found incompetent is no longer an isssue. (Brady Bill)

IS THIS TRUE?

Thanks

John1

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  • HadIt.com Elder

it's not an ISSUE anymore because federal law prohibits people labeled as incompetent from possessing firearms, if your spouse has weapons they have to be under lock and key where the "incompetent" person has NO access to them

thats why it's not an issue anymore it's settled law

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[Federal Register: June 13, 2005 (Volume 70, Number 112)]

[Notices]

[Page 34186-34187]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13jn05-110]

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

Privacy Act of 1974, Addition of Routine Use to System of Records

Compensation, Pension, Education and Rehabilitation Records--VA

AGENCY: Department of Veterans Affairs.

ACTION: Notice; addition of routine use.

-----------------------------------------------------------------------

SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e)(4),

notice is hereby given that the Department of Veterans Affairs (VA) is

amending the system of records ``VA Compensation, Pension, Education

and Rehabilitation Records--VA'' (58VA21/22) by adding a new routine

use to the system to disclose identifying information on VA

beneficiaries who have been adjudicated incompetent to the Attorney

General or his/her designee for entry into the National Instant

Criminal Background Check System (NICS).

DATES: If no public comment is received during the 30-day review period

allowed for public comment, or unless otherwise published in the

Federal Register by VA, the amended system of records is effective July

13, 2005.

ADDRESSES: Interested persons are invited to submit written comments,

suggestions, or objections regarding the proposed amended routine use

statement to the Director, Regulations Management (00REG1), Department

of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC

20420; or fax to (202) 273-9026; or e-mail to

VAregulations@mail.va.gov. All relevant material received before July

13, 2005, will be considered. All written comments received will be

available for public inspection in the Office of Regulation Policy and

Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m.,

Monday through Friday (except holidays). Please call (202) 273-9515 for

an appointment.

FOR FURTHER INFORMATION CONTACT: Pamela C. Liverman, Consultant,

Compensation and Pension Service, Department of Veterans Affairs, 810

Vermont Ave., NW., Washington, DC 20420, (202) 273-7228.

SUPPLEMENTARY INFORMATION: The Brady Handgun Violence Prevention Act,

Pub. L. 103-159, mandated the establishment of the National Instant

Criminal Background Check System (NICS). The Brady Act authorizes the

Attorney General to secure information from Federal agencies on seven

categories of persons who are ineligible to receive firearms under the

Criminal Code, 18 U.S.C. 922(g) and (n), for entry into the NICS. The

only relevant category for purposes of this routine use is ``persons

adjudicated as mentally incompetent.'' The Brady Act requires Federal

agencies to furnish the information on these individuals to NICS upon

request of the Attorney General. VA proposes to add a new routine use

to 58VA21/22 under which to disclose identifying information on VA

beneficiaries who have been adjudicated incompetent under 38 CFR 3.353

to the Attorney General or his/her designee for entry into the NICS. VA

has determined that the release of information for this purpose is

appropriate and necessary because the Brady Act requires VA to furnish

such information to the NICS after receiving a request from the

Attorney General.

An altered system of records report and a copy of the revised

system notice have been sent to the House of Representatives Committee

on Government Reform and Oversight, the Senate Committee on

Governmental Affairs, and the Office of Management and Budget (OMB), as

required by 5 U.S.C. 552a® and guidelines issued by OMB (65 FR 77677,

December 12, 2000).

The proposed new routine use number 64 will be added to the system

of records entitled ``VA Compensation, Pension, Education and

Rehabilitation Records--VA'' (58VA21/22), as published at 41 FR 924

(March 3, 1976), and last amended at 66 FR 47725 (September 13, 2001),

with other amendments as cited therein.

Approved: June 7, 2005.

R. James Nicholson,

Secretary of Veterans Affairs.

Notice of Amendment to System of Records

The system identified as 58VA21/22 ``Compensation, Pension,

Education, and Rehabilitation Records,'' published at 41 FR 924 (March

3, 1976), and last amended at 66 FR 47725 (September 13, 2001), with

other amendments as cited therein, is revised to add a new routine use

number 64 as follows:

[[Page 34187]]

58VA21/22

System name:

Compensation, Pension, Education and Rehabilitation Records-VA.

* * * * *

64. The name and address of a VA beneficiary, and other information

as is reasonably necessary to identify such beneficiary, who has been

adjudicated as incompetent under 38 CFR 3.353, may be provided to the

Attorney General of the United States or his/her designee, for use by

the Department of Justice in the National Instant Criminal Background

Check System (NICS) mandated by the Brady Handgun Violence Prevention

Act, Pub. L. 103-159.

* * * * *

[FR Doc. E5-3046 Filed 6-10-05; 8:45 am]

BILLING CODE 8320-01-P

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I am confused.

Does this mean my has or has not been placed with a federal or state agency as I was found incompetent to handle my own financial

affairs. Can I I buy a firearm??

thanks

John1

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  • HadIt.com Elder

If you "buy" a gun you are breaking the law and then they can put you in prison and stop your compensation except for the 10% they will send you while you are in prison a firearms dealer can not legally sell you a weapon if you have been found incompetent they can also lose their license to sell weapons if you buy one at a gun show then if you get caught you are the only one in trouble

I guess that is why the person told you that that guns were no longer an "issue" like I said the law is settled after that kid went wild at Virginia Tech a couple of years ago and they found out he had been in psychiatric care they started cracking down even harder on the gun issue and enforcement was beefed up

it's not worth it...... carry a cane

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