Dept. of Veterans Affairs: WHATEVA! We Do What We Want to Vets’ Gun Rights!

Frankly, at this stage we would be reassured to find Eric Cartman in charge.

Sometimes, when they think nobody’s paying attention, the Deep State says the quiet part out loud!

And what’s more, now is probably the best time in the last decade (or the next) for the deeply entrenched government bureaucracies–like, for example, the Department of Veterans Affairs–to go ahead and admit what we already knew: They believe themselves above the law. If anyone was wondering why the Supreme Court’s ruling on Loper Bright Enterprises is so critically important, here’s your first example. The VA made up a little anti-gun rule for itself, and when told that this rule is unconstitutional, the VA told Congress that it intends to continue anyway. This is precisely the sort of bureaucratic overreach that spurred the Loper case all the way to the Supreme Court.

Let’s talk about what would happen to any of us “little people” if we ignored a direct court order to do (or not do) a specific thing, and just kept right on at it. We would face a series of increasing fines, followed by a warrant for our arrest, followed by an easy open-and-shut trial, followed by incarceration. Do you suppose any of these VA officials will face consequences for openly defying the law in the way we would?

Not while the Executive Branch, tasked with enforcing the laws passed by Congress and ruled upon by SCOTUS, refuses to do its job. So far, few people have noticed because the mainstream press refuses to do its job. If only we knew of someone who knew what to do when an employee openly refuses to do his or her job …

For all of the scandalous details, we’re turning it over to our friends at the NSSF!

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VA OFFICIALS TELL CONGRESS THEY ARE ABOVE THE LAW, U.S. CONSTITUTION

By Mark Oliva

In what can only be described as a shocking display of insubordination and defiance of what could potentially become law, an official from the U.S. Department of Veterans Affairs told Congress that they will not comply with the law to protect the Second Amendment rights of veterans, should a measure be passed by Congress and signed into law.

The official said the Department of Veterans Affairs would ignore the law and continue to send the names of veterans who require a representative to manage their financial affairs to the FBI’s National Instant Criminal Background Check System (NICS) to be listed as prohibited individuals. The official said unelected and unaccountable government bureaucrats would defy Congress to deny veterans their Second Amendment rights – all without judicial review or adequate Due Process.

Defying Congress, the Law and U.S. Constitution

The Department of Veterans Affairs Deputy Director of Pension and Fiduciary Service Kevin Friel testified before the U.S. House Subcommittee on Disability Assistance and Memorial Affairs and openly told Members of Congress that should legislation protecting the Second Amendment rights for veterans be passed and signed into law – Veterans Affairs officials would ignore it.

U.S. Rep. Matt Rosendale (R-Mont.) questioned Veterans Affairs officials over concerns that stipulations in the department’s regulations that allows them to forward veterans’ names to FBI NICS to make them prohibited individuals without a judge’s order could cause some veterans to forego mental health treatment. Deputy Director Freil said he didn’t share those concerns.

Rep. Rosendale wasn’t done.

“Is it the VA’s position that the VA will not comply with an act of Congress?” he asked.

“Yes sir. I guess, based off of what you have in testimony, yes sir,” Deputy Director Friel answered.

“That you would not comply?” Rep. Rosendale reiterated.

“Yes sir,” Deputy Director Friel confirmed.

“Well, I’m glad everybody hears that on the record – that the VA is going to refuse to comply regardless of what we actually pass here,” Rep. Rosendale said.

A moment here for a little perspective. Americans serving in the military take an oath to “… support and defend the Constitution against all enemies, foreign and domestic…” The Department of Veterans Affairs’ mission is: To fulfill President Lincoln’s promise to care for those who have served in our nation’s military and for their families, caregivers, and survivors.

That doesn’t give unelected bureaucrats latitude to unilaterally decide which laws they would choose to follow or ignore. It certainly doesn’t give them authority to singularly decide to deprive a veteran a Constitutionally-protected right – especially from someone who served to preserve those same rights to all Americans.

Congressional Fix

Earlier this year, Congress passed a law that was later enacted that takes away the ability for the Department of Veterans Affairs to submit names to the FBI NICS of veterans who require a fiduciary to be included with those who are listed as individuals prohibited from possessing a firearm. That law, though, is only effective until Sept. 30, when the new fiscal year ends. That’s why Congress is debating the “Veterans Second Amendment Protection Act,” introduced by House Veterans Affairs Committee Chairman Mike Bost (R-Ill.) as H.R. 705. That NSSF-supported legislation is critical to protecting veterans’ rights. That bill specifically bars the Department of Veterans Affairs from transmitting veterans’ names to FBI NICS solely for the reason that the veteran has been appointed a fiduciary to assist in managing their financial details.

“For far too long the men and women who have fought to protect every Americans’ constitutional right to bear arms have wrongfully been discriminated against. This Congress, that ends,” said Chairman Bost when he introduced the legislation. “Today I am reintroducing the Veterans 2nd Amendment Protection Act, legislation to ensure that veterans are given the same due process rights as every other American. No VA bureaucrat should have the ability to instantly strip a veteran of their 2nd Amendment rights simply because they use a fiduciary to help them manage their benefits.”

Incredibly, these bureaucrats are thumbing their nose not just at Congress and the veterans they are charged with serving. They’re placing themselves as the sole arbiter of which veterans get to exercise the Constitutional rights they swore, served and fought to protect.

‘Soul Searching to Do’

The Department of Veterans Affairs Deputy Undersecretary Glenn Powers doesn’t have a problem with that. He testified that the department opposes the Veterans Second Amendment Protection Act and insisted his department already provides a sufficient method for beneficiaries who have been reported to NICS to “petition for relief.”

“VA did not err in reporting, and if passed into law VA could not comply,” Deputy Director Powers said. Not only that, he told Rep. Eli Crane (R-Ariz.) that his planned “Safeguarding Veteran Second Amendment Rights Act,” that would bar the Department of Veterans Affairs from supporting extreme risk protection orders, or so-called “Red Flag” laws to seize firearms without adequate Due Process rights protections, would also be a non-starter for those government bureaucrats.

Deputy Director Powers complained to Rep. Crane that the legislation “places the security and safety of veterans their families and communities at risk and ultimately prevents VA from providing appropriate care for some of our most vulnerable veterans.”

Rep. Crane rejected both arguments, telling Deputy Director Friel, “The problem is we’re talking about veterans’ rights and due process and their right to bear and keep arms, another constitutional premise. But you, you’re willing to do what your boss tells you to do, even if it violates their rights.”

He added, “You should do some soul searching sir, you really should.”