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2nd Amendment and Right to Bear Arms/VA 'incompetent' decision & right to have a weapons permit

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Expert: - 12/23/2008


Question
I am a retired Army veteran and, after a stroke, the VA says I am 'incompetent to conduct my VA benefits' and my wife is my 'fiduciary' to handle my VA money. The VA says this means I cannot own or poccess a weapon under the Brady Bill. However I know several Congressmen have placed an attachment to a bill that would require the VA to get a court judgement before a person can be denied the weapon abilities/rights.  Do you know the standings on this and whether the VA saying a person is incompetent to handle his VA funds is the same as being 'adjudged' incompetent?  Thank you and Happy Holidays to you and yours.

Answer
Guy,

Thanks for asking about this matter. By the way, thanks for serving our country! I am sorry but I cannot answer whether or not what the VA says is correct or not. You will have to seek legal help for this one.

Merry Christmas & Happy holidays to you too

2nd Amendment and Right to Bear Arms

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Dan Haynes

Expertise

I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I will not answer questions that require legal interpretation or those that are outside of my areas of expertise.

Experience

I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services. I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.

Organizations
NRA, NAHC, M1 Garand Collectors Association

Publications
Smith & Wesson Club 1852 fall 2007 issue.

Education/Credentials
NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.

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Valhalla Shooting Club

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