Relief From The Brady Act?

[ledbthand]

I just Got a letter last week stating that I am in fact incompetent. They basically said no problem getting my wife set up as my fiduciary, but as far as another friend or family member it's practically impossible. Also apparently because I have "trouble managing my own finances" I can no longer own a gun or ammo unless I face fines and jail time.

My only real hope now is to file for "Relief from the Brady Act". I don't know. As if life wasn't sucking enough you know?

My question is,

How hard is it to get relief from the brady act? I can't think of any reason why my inability to count my own money (bullshit btw) would constitute the need to take away my gun privileges? Is there basically a template letter you can copy / paste or is this a long drawn out fight I'm probably going to lose?

[ledbthand]

They finally came out yesterday to "check up on me". The guy was here for less than 20 minutes, didn't even go any where in my house, except the kitchen, and filled out the paper work to let me be my own fiduciary. Seems like a lot of wasted time and undue stress to put me through. He said that he has to come back next year and do the same but will release me from the Brady act and having to deal with having a fiduciary. Even though, technically, I'm my own fiduciary.

He also said it's been happening a lot lately to younger veterans. So be careful not to tell your Dr. "My wife pays the bills".

[john999]

I thought you had to have been involuntarily committed to a state institution or be a felon for the government to not allow you to have guns. Come to Florida. You can get your concealed weapons permit at one sitting including fingerprints. I am thinking about getting a "piece". With road rage around here you can assume anyone who gives you the finger is probably armed legally or illegally. Just because you are 100% for mental condition does not mean you can't own a gun. Now if you are declared incompetent it might be a different story. If you read the actual description of 100% scheduler mental disability then you would agree that this person should not even be allowed outside during the day. 100% scheduler criteria in no way corresponds to actual mental condition of most 100% vets. It seems to me since you have constitutional right to own a firearm this is a fundamental right, just like free speech or freedom of assembly.

[ledbthand]

The Brady Act is apparently automatically put into play when you are declared incompetent. I'm at %80 total and my unemployability was deferred. I'm not planning on buying any guns in the future, and I think that's really the only time it will matter until I'm release at the end of this year. I live in Arizona so not really missing out on any hunting or anything anyway. I don't live in the ghetto either. I just don't like the idea of being told "NO" by a BS paper pusher. I've handled guns since I was about 3 years old. Never had a problem. I say "My wife pays the bills" and all of a sudden I'm a huge risk to the safety of others. Just feels wrong.

[Chuck75]

I thought you had to have been involuntarily committed to a state institution or be a felon for the government to not allow you to have guns. Come to Florida. You can get your concealed weapons permit at one sitting including fingerprints. I am thinking about getting a "piece". With road rage around here you can assume anyone who gives you the finger is probably armed legally or illegally. Just because you are 100% for mental condition does not mean you can't own a gun. Now if you are declared incompetent it might be a different story. If you read the actual description of 100% scheduler mental disability then you would agree that this person should not even be allowed outside during the day. 100% scheduler criteria in no way corresponds to actual mental condition of most 100% vets. It seems to me since you have constitutional right to own a firearm this is a fundamental right, just like free speech or freedom of assembly.

The problem is that competent or not, if a person has a record of treatment or commitment for "mental conditions" the laws are generally such that gun ownership is a no no.

Further, the VA has a very unusual and unique standard question for determining incompetency that you can easily breach. No matter that the VA person involved has no legal or professional recognition

to make such a determination, since the veteran's action (My wife pays the bills) caused the incompetent "box" to be checked.

Edited January 9, 2015 by Chuck75

[john999]

In Florida as long as you are not a felon or have been involuntarily committed to a mental institution by a court you can own a gun. Just because you see a shrink is no reason to lose your constitutional rights. There has to be due process.

[Chuck75]

Unfortunately the "Brady Act" kicks in when the VA determines that a veteran is not competent to handle their VA funds.

That overrides state laws, unless the veteran has something like a court determination of competency to use in rebuttal.