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Vets & NICS
Amish
Member Posts: 1,383 ✭✭✭✭✭
If you were one of the 80,000 affected Vets who had VA determinations sent to NICS under the Clinton Admin then this is for you (and may be useful for a few others)
Relief was put in place to have your name removed from NICS, but it is not automatic meaning you will need to contact the VA RO. When doing this it is also wise (probably needed) to also contact your local congressional rep to have them also contact the VA RO for you.
When writing, request specifically "relief from disabilities"
Relevant info:
NICS Improvement Amendments Act of 2007," H.R. 2640
NRA/ILA
How does the bill affect veterans?
Some have asked if H.R. 2640 would prohibit gun ownership by veterans--for instance, those who return from war with conditions such as post-traumatic stress disorder.
The answer, fortunately, is "No." For all the same reasons a psychiatrist's diagnosis can't ban gun ownership, an evaluation by Veterans' Administration (VA) or other doctors isn't an "adjudication" or "commitment" under federal law.
In fact, H.R. 2640 aims to fix problems for veterans and their families. During the Clinton administration, the VA started sending information to NICS on veterans (and veterans' family members) who had representatives appointed to handle their benefit checks.
The VA treated these records as "adjudications," but supporters of H.R. 2640 disagree. Rep. Daniel Lungren (R-Calif.) denounced the VA's "overreach" and pointed out that H.R. 2640 would allow wrongly listed veterans to seek restoration of their rights.
http://www.nraila.org/news-issues/articles/2007/clearing-the-air-on-the-instant-check-b.aspx?s="HR+2640"&st=&ps=
https://docs.google.com/document/d/11ETxpq4dJiiJYcSD8KYXtVTIOhKSqg5hAilxjNQ43OY/edit?pli=1
BACKGROUND INFORMATION ON THE NICS IMPROVEMENT AMENDMENTS ACT OF 2007 AND ANSWERS TO "FREQUENTLY ASKED QUESTIONS"
"Under the NICS Act, federal agencies, such as the VA, must provide for "relief from disabilities" programs for people whose names have been provided to NICS by that agency and who no longer pose a danger to the public. Federal agencies must remove from NICS any person who is found by a court or other lawful authority to no longer suffer from the mental illness that barred them from buying or possessing a gun, or if they are fully rehabilitated or complete all mandatory treatment, supervision or monitoring. There is no provision in NICS for the automatic removal of all of these veterans' names from NICS."
From my research online very few of the 80,000 have had this reversed. But it can be done, depending on your congressperson and VA RO. Once the VA issues a letter to the NICS your name is removed within 30 days.
Relief was put in place to have your name removed from NICS, but it is not automatic meaning you will need to contact the VA RO. When doing this it is also wise (probably needed) to also contact your local congressional rep to have them also contact the VA RO for you.
When writing, request specifically "relief from disabilities"
Relevant info:
NICS Improvement Amendments Act of 2007," H.R. 2640
NRA/ILA
How does the bill affect veterans?
Some have asked if H.R. 2640 would prohibit gun ownership by veterans--for instance, those who return from war with conditions such as post-traumatic stress disorder.
The answer, fortunately, is "No." For all the same reasons a psychiatrist's diagnosis can't ban gun ownership, an evaluation by Veterans' Administration (VA) or other doctors isn't an "adjudication" or "commitment" under federal law.
In fact, H.R. 2640 aims to fix problems for veterans and their families. During the Clinton administration, the VA started sending information to NICS on veterans (and veterans' family members) who had representatives appointed to handle their benefit checks.
The VA treated these records as "adjudications," but supporters of H.R. 2640 disagree. Rep. Daniel Lungren (R-Calif.) denounced the VA's "overreach" and pointed out that H.R. 2640 would allow wrongly listed veterans to seek restoration of their rights.
http://www.nraila.org/news-issues/articles/2007/clearing-the-air-on-the-instant-check-b.aspx?s="HR+2640"&st=&ps=
https://docs.google.com/document/d/11ETxpq4dJiiJYcSD8KYXtVTIOhKSqg5hAilxjNQ43OY/edit?pli=1
BACKGROUND INFORMATION ON THE NICS IMPROVEMENT AMENDMENTS ACT OF 2007 AND ANSWERS TO "FREQUENTLY ASKED QUESTIONS"
"Under the NICS Act, federal agencies, such as the VA, must provide for "relief from disabilities" programs for people whose names have been provided to NICS by that agency and who no longer pose a danger to the public. Federal agencies must remove from NICS any person who is found by a court or other lawful authority to no longer suffer from the mental illness that barred them from buying or possessing a gun, or if they are fully rehabilitated or complete all mandatory treatment, supervision or monitoring. There is no provision in NICS for the automatic removal of all of these veterans' names from NICS."
From my research online very few of the 80,000 have had this reversed. But it can be done, depending on your congressperson and VA RO. Once the VA issues a letter to the NICS your name is removed within 30 days.