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Home > Alerts & Updates > 2020 Bill Tracking Page > HB 100: Veteran Disarmament Courts

 

 

HB 100: Veteran Disarmament Courts

Threat briefing last updated: 2/13/20 at 11:50a

"Reload" this page to see latest version.

Special Note: This bill keeps getting worse the more it is studied.

Summary: House Bill 100 (HB 100) radically expands "veterans courts" enacted by SB 214 in 2015.  These Kangaroo Courts mirror Obama-era "drug courts" and their purpose is to disarm Utah veterans. Court dictators (aka "judges") become glorified social workers, who force "collaboration" between prosecution teams, defense counsels, state agencies, and federal agencies.

The ultimate aim of HB 100 is to manipulate veterans, strip them of their rights and dignity, and prohibit them from keeping and bearing arms.  Globalist forces view the ongoing assault against veterans as essential to the final disarmament and destruction of America.

Position: UT Gun Rights opposes this bill.

Status: Alert! This bill UNANIMOUSLY passed the entire state house, UNANIMOUSLY passed state senate, and awaits Gary "Fudd" Herbert's signature.  See its bill status page.  Find and contact your house, senate, and executive branch officials.

Sponsors: Lowry Snow ("Republican") in the house and Lyle Hillyard ("Republican") in the senate.

Jump down to any topic:

1. Utah's "Veterans Courts" are Obama's "Drug Courts"

Same Sh#@, Different Names

HB 100 a Radical Expansion of Court Powers

2. Entire Court Gangs Up Against Defendant

3. Veterans Bullied to Participate

4. Modeled after Soviet-Style Communism

5. Criminal Utah Regime DESPISES Veterans

Driving Utah Veterans to Suicide

Cannabis Trickery to Seize Firearms

Utah Politicians are the Dirtiest Drug Addicts

6. Real Agenda: Disarm Veterans — Permanently

Hostile Federal Congress

Department of Homeland INsecurity

Veterans Affronts Administration

Trump's AG William Barr Continues War on Veterans

7. States Are Key to Disarming Veterans

8. Appropriate Action

Supplemental: Other views on HB 100


Utah's "veterans courts" are no accident. Here Obama is joined with Hickenlooper who banned standard capacity ammunition magazines in Colorado, and Utah governor Gary "Fudd" Herbert who supports background checks for BB guns.
1. Utah's "Veteran Courts" are Obama's "Drug Courts"

In 2015, Utah's criminal legislature and Gary "Fudd" Herbert enacted SB 214.  You must first understand that bill in order to understand why HB 100 is so destructive.

SB 214 created special "veterans courts" for those who meet the following criteria:

"Screening criteria for participation in a veterans court program shall include:
(a) a plea to, conviction of, or adjudication for a criminal offense;
(b) frequent alcohol and other drug testing, if appropriate;
(c) participation in veteran diversion outreach programs, including substance abuse treatment programs where appropriate; and
(d) sanctions for noncompliance with diversion and substance abuse programs' requirements." [bold added]

The term "include" did not preclude coercing other participants to participate.  In other words, SB 214 empowered courts to force veterans to participate in these "veterans courts".

SB 214 (a short bill, read it here) required participating veterans to be subjected to a "collaborative strategy" and "cooperative approach" between an unaccountable court dictator* (aka "judge"), prosecution team, defense counsel, corrections agencies, substance abuse treatment "services", and the infamous U.S. Department of Veterans Affairs (VA) "Veterans Justice Outreach Program".

*Note: The Utah governor, without any substantive review or confirmation process, hand-picks all voting members of "judicial nominating commissions." These commissions select judicial candidates, the governor selects his favorite, and his favorite is confirmed by the state senate.  The "judicial council" selects court commissioners, who are deemed "quasi-judicial officers of courts of record".  Sources: Utah Constitution, Art. VIII, Sec. 8, and state statutes 20A-12-201, 78A-5-107, 78A-10-103, 78A-10-105,78A-10-202, and 78A-10-204.  In order for voters to remove a judge, over 50 percent of them must be sufficiently angry at him/her to vote "no" on his/her judicial retention election.  Imagine how many lives a judge can destroy before half the voters know enough to vote "no"?


"
And you thought I was gone!"
Same Sh#@, Different Names

And where did such a "collaborative," "cooperative" idea come from?  Former US president and traitorous gun control zealot Barrack Obama advocated these "veterans courts" (or "Veterans Treatment Courts") as follows:

"Based upon the success of drug courts and a pronounced need to address challenges unique to our Nation’s veterans, Veterans Treatment Courts (VTCs) are being established in jurisdictions across the country. VTCs utilize the same rigorous protocol of treatment and personal accountability to treat veterans suffering from a substance abuse and/or mental health disorder, while helping ensure public safety." [bold added]

According to the national Center for State Courts "Veterans Courts Resource Guide":

"The first veteran's court opened in Buffalo, N.Y. in 2008. The veteran's court model is based on drug treatment and/or mental health treatment courts." [bold added]

Government and pseudo-government sources boldly parade supposed "drug courts" success stories. Critics across the political spectrum paint a very different picture, citing gross human rights abuses and the destruction of authentic due process.  Here are a few examples:

"Reevaluating Drug Courts: No Mother Should Have to Go Through What I Did," by Elaine Pawlowski, Huffington Post, July 29, 2013.

"Want to Go to Drug Court? Say Goodbye to Your Rights", by Mike Riggs, Reason magazine, August 17, 2012.

"Drug Courts are Not the Answer", by the Drug Policy Alliance, March 2011.

"Therapeutic Jurisprudence: Embracing a Tainted Ideal," by former Utah juvenile court judge Arthur Christean, June 2002.

Subsequent topics focus on how these broad "collaborations" in both "drug courts" and "veterans courts" destroy the very essence of traditional American jurisprudence and threaten the safety and well-being of those subjected to them.

SB 214 in 2015 was limited scope and impact.  It was the camel's-nose-under-the-tent to gradually condition the public to accept this blatant injustice.


"And then I said, 'These veterans courts are ideal for America's warriors!'"
HB 100 a Radical Expansion of Court Powers

Note that both SB 214 and HB 100 authorized the "Judicial Council" to create these "veterans courts,"

"...in any judicial district or geographic region [of Utah]..."

HB 100 essentially repeals and replaces SB 214, with a radical expansion of the power of these "veterans courts."

For example, in SB 214, screening/participation criteria included veterans with,

"...a plea to, conviction of, or adjudication for a criminal offense" (line 51).

HB 100, however, broadly expands this to include veteran defendants only charged with a crime, and even veterans who have not been formally charged with any crime at all.

On lines 92 and 100 (of HB 100):

"Screening criteria for participation in a veterans treatment court shall include... ANY additional criteria developed by a veterans treatment court". [bold caps added].

In other words, if a veteran defendant is merely charged with a crime, he/she can be included in these veterans courts.  Line 51 substantiates this:

"'Defendant' means a veteran CHARGED with a criminal offense." [bold caps added]

And on lines 142 and 156-158:

"A veteran treatment court may adopt supplemental policies and procedures to... monitor a defendant CHARGED with a domestic violence offense to assure compliance with a domestic violence protection order, no-contact order, and PROHIBITION OF WEAPON POSSESSION." [bold caps and yellow added]

There it is: the true objective.  No conviction is required, only the mere accusation.  And in the Beehave State, so-called "protective orders" can also technically be filed without any criminal charges accompanying them.

Further, on lines 142 and 159:

"A veteran treatment court may adopt supplemental policies and procedures to... otherwise assist the veterans treatment court".

What does "otherwise assist" mean?  Apparently, anything the court dictator (aka "judge") desires to impose upon the veteran be it related to an actual conviction, or mere accusation (formal or informal) of some "offense."

HB 100 is pushing the limits so far, the drafters included a severability clause (lines 243-246) that was NOT part of SB 214 in 2015.  They know that these "veterans courts" are so foreign to, and defiant of, traditional American jurisprudence, that even in today's injustice courts, they are walking on thin ice.

Conduct your own side-by-side language comparison between HB 100 and SB 214 from 2015.  Both bills are relatively short.

Some of the language is essentially the same.  Both bills call for "collaborative strategies" and "cooperative approaches" between the same parties (judges/courts, defense counsel, prosecutors, and state and national bureaucracies), compromising all of these parties beyond all recognition (see Topic 2 below).

HB 100 is loaded with more flowery, feel-good language.  For example:

* "Forge partnerships" (line 132).

* "Generate local support" (line 135).

* "The court shall consider nationally recognized best practices..." (lines 136-137).

Sounds utopian, but no mechanism of accountability is defined, which is par for the course in Utah statute when the government is the actor.  Nor is any reasonable recourse provided to veteran defendants when this "collaborative" process fails abysmally to deliver on its lofty promises.  In other words, HB 100 contains more meaningless drivel than its predecessor bill.

HB 100 also adds the word "treatment," calling them "veterans treatment courts," which is another attempt to make the recipe appear more palatable to the unwary — and to coincide with the name given to these Kangaroo Courts by the Obama regime (see above).

Their ultimate "treatment" for veterans, however, remains to disarm them.

Back to Topics


"Have we got a deal for you veterans!"
2. Entire Court Gangs Up Against Defendant

Whenever you read terms like "collaborative" and "cooperative" in statute, your gut reaction should be alarm and anger.  Utah's corrupt regime has repeatedly proven beyond any reasonable doubt that it is NOT here to help you or serve your interests.

Take court dictators (aka "judges"), for example.  Ideally, he/she should serve as a referee to assist the jury in determining whether a statute was violated and whether that statute is reasonable or unreasonable.  Less ideally, he/she determines a sentence based upon a guilty verdict given by the jury (this task should be checked by the jury as well).

In these "veterans courts," however, court dictators surrender even a semblance of objectivity.  He/she now assumes the god-like mantle of an all-powerful social worker who heads a "clinical team" that pursues a "therapeutic process."

Consider how these "clinical teams" operate in "drug courts" — and inevitably in "veterans courts":

"When acting as a member of a clinical team bent on achieving certain outcomes, judges cannot avoid unethical ex parte communications, that is, discussion of the case with one party outside the presence of the other party. Ex parte communications are traditionally a serious ethical breach for judges, but such communications form a regular part of the therapeutic process. Further, when judges become the central focus of the entire effort as the enforcer of the treatment team's decisions, rather than an independent adjudicator of the facts and the law, the appearance of bias cannot be avoided. To the defendant, the judge becomes simply 'one of them.'" [bold added]
Source: "Therapeutic Jurisprudence: Embracing a Tainted Ideal," former Utah juvenile court judge Arthur Christean, June 2002.

In other words, court dictators are unable to avoid blatant conflicts of interest that inevitably arise from these communications.  They are now required to pursue, and achieve, pre-determined social outcomes that may have little, or nothing, to do with the defendant's alleged crime. 

In these compromising environments, the defense counsel no longer remains focused on defending innocence, in helping the defendant challenge and resist the injustice of absurd statutes, or necessarily to obtain as light a sentence for the defendant as possible.  Rather, the defense counsel is required by statute to work together with the prosecution and government agencies to make you a more "politically-correct person."

Consider this warning regarding "drug courts" — again from which "veteran courts" are admittedly modelled:

"'In many drug courts,' says Elizabeth Kelley of the National Association of Criminal Defense Lawyers, 'the defense attorney is asked to forfeit the traditional role of being the zealous advocate of the client, and is asked to be part of the prosecutor or judge as part of treatment.' Federal drug court guidelines say that defense attorneys are to 'explain all of the rights that the defendant will temporarily or permanently relinquish,' and then work with prosecutors 'to build a sense of teamwork and to reinforce a nonadversarial atmosphere.'"
Source: "Want to Go to Drug Court? Say Goodbye to Your Rights," by Mike Riggs, Reason.com, September 17, 2012.


Every branch of Utah government is already infested with foreign, deadly scum.
Corrections and substance abuse "experts"
salivating at the potential for increased government employment opportunities, benefits, and retirement would also "collaborate" and "coordinate" with the court dictator, prosecution, and defense, prior to sentencing; rather than waiting for the sentence to be delivered and performing their function more independently.

Utah courts are already rabidly anti-gun, and need no additional incentive to pronounce lifetime bans on veteran firearms ownership.  They have amply demonstrated their eagerness to collude, and conspire, with the federal regime to neutralize the perceived threat of combat veterans bearing arms.

In addition to federal funding, the federal Veterans Affairs Administration (VA) can likewise provide "experts" who furnish these gun control courts with heretofore confidential communications from veteran defendants who sought treatment there.  The VA further obscures this mess by dangling carrots in the form of perverse incentives to state and local budgets, and by pressuring veterans to comply (discussed below).

You, the veteran defendant, who bled and suffered for these shameless, despicable officials and lobbyists who should be forced to live in the communist China they love so much, stand very much alone.

Back to Topics


"You better go... or else."
3. Veterans Bullied to Participate

As mentioned in Topic 1, veterans may be forced to participate in these "veterans courts."  As is apparent to critics of "drug court" schemes, once federal and other grant monies flow into the process, participation can be coerced through multiple avenues of attack.

Court dictators (aka "judges"), as leaders of veterans court "treatment teams", have megalomaniacal and perverse funding incentives to expand these courts and affiliated programs by cajoling, threatening, and otherwise pressuring more veterans into participation.

The prosecution and defense, now completely aligned within this perverse "therapeutic" infrastructure, are motivated to induce veterans to plead guilty with glamorous assurances of obtaining a "better outcome" in these "special" courts.

Once trapped, veterans must comply with every team whim, or face punishment with no realistic recourse or meaningful due process protections.  In the words of the 1970's Eagles song, Hotel California,

"You can check-out any time you like, but you can never leave."

With the expansion of HB 100, VA administrators will increasingly reinforce this enslavement, to include the eventual withholding of certain federal benefits and services for veterans who resist these corrupted "collaborative efforts."  It is only a matter of time.

Back to Topics


"Let's discuss the details of your re-education program, Comrade."
4. Modeled after Soviet-Style Communism

As discussed in Topic 1, "veterans courts" are modeled after popularized "drug courts".  According to the Office of National Drug Control Policy, veterans courts "use a hybrid integration of Drug Court and Mental Health Court principles".

These "principles" embrace a political doctrine known as "therapeutic jurisprudence", or "therapeutic justice".  In 2002, former Utah juvenile court judge, Arthur Christean, exposed the dangerous follies of this doctrine in an article entitled, "Therapeutic Jurisprudence: Embracing a Tainted Ideal."

After detailing many of its practical flaws, Christean discussed its close relationship to philosophies espoused by the former Soviet Union:

"Therapeutic jurisprudence, and recent legislation influenced by it, appears to share some of the prominent characteristics of Soviet-style law...

"In the former Soviet Union, courts and judges were expected to implement state policies and demonstrate loyalty to the philosophical premises supporting them. Unlike the United States Constitution, the Constitution of the USSR established the law as an instrument of the state's will—the 'people's will'—not as a limitation upon the state. With such a view of the purpose of the law, it is not surprising that such a legal system would fundamentally differ from the American system...


The nightmare is already happening right here in Utah.
"The first major difference between Soviet and American legal systems, and the first major parallel between the Soviet system and therapeutic jurisprudence, is the separation of powers. As noted above, the therapeutic justice model undermines our traditional separation of powers. The creators of the Soviet legal system rejected the concept of separation of powers, and checks and balances between branches of government...

"Soviet legal codes tended to include a great deal of policy pronouncements and statements of political and social theory, another area where this model resembles the therapeutic jurisprudence model but differs from the American model. Soviet courts were expected to act in harmony with policy pronouncements and to enunciate rules of public order promoting the collective welfare of the state...

"Soviet judges did not function under the traditional ethical standards that restrain American judges and acted with little concern for judicial impartiality and procedures that American courts refer to as 'due process.' Soviet judges were free to engage in ex parte communications, conduct their own interrogations and engage in prosecutorial activity."

Exchange the term "drug courts" with "veterans courts," and Christean's expose is entirely applicable to the fatal flaws proposed by SB 214 in 2015, and HB 100 in 2020.

Back to Topics


Utah is NOT the place for suffering veterans or their families.
5. Criminal Utah Regime DESPISES Veterans

The original SB 214 enacted in 2015 claimed,

"A veterans court program shall... promote public safety, [and] protect participants' due process rights..."

Notice which priority is listed first.  Utah officials couldn't care less about actually "protect[ing] participants' due process rights."  As a Utah legislative task force put it recently when debating the recent sales tax on food debacle, the People of Utah are merely a "reservoir of funds".
Additional source: "Ronald Mortensen: Tax reform fiasco is setting the stage for a Utah Proposition 13," by Ronald Mortensen, Salt Lake Tribune, Dec. 3, 2019.

As UT Gun Rights has pointed out in, "Courts of InJustice versus Clark Aposhian", any feel-good rhetoric politicians, bureaucrats, and lobbyists spout is meaningless in Utah's criminal injustice industry where,

"...unreasonable seizures occur, the right to Counsel is effectively denied, the right to a public trial by an impartial jury is obstructed, and deprivation of life, liberty, and property may occur without authentic due process of law."

The radical statewide expanion envisioned in HB 100 demonstrates that things have only worsened in the last few years.

New Film Peace Officer Documents the Human Cost of Police Militarization | Cop Block
Matthew Stewart: De facto murdered by the same regime that pretends to give a shit about veterans.
Driving Utah Veterans to Suicide

Utah prosecution teams, courts, and agencies have repeatedly demonstrated their callous disregard for veterans and their sufferings.  Consider Utah veteran Matthew Stewart, whose home was violently invaded in the night by the "Weber-Morgan Narcotics Strike Force" lowlife thug squad.

Stewart, who Statute Enforcement Agents (SEAs) knew suffered from post traumatic stress and was almost certainly asleep, believed he was under attack by a violent gang, and defended himself, killing and wounding several officers, and being seriously wounded in the process.  During the public show trial that ensued, Stewart apparently lost all hope of being treated fairly and took his own life in prison.

Where were all of Utah's so-called champions of suffering veterans in Matthew Stewart's case?  Where were the HB 100 sponsors Lowry Snow and Lyle Hillyard?  Or the ones they serve: House speaker Brad Wilson and senate president Stuart Adams?

All of Utah's self-proclaimed "caregivers" went silent to avoid intervening to assist a highly-decorated veteran in his time of greatest need.

And how absurd is it to pretend that the Veterans Affairs Administration (VA) has expressed any interest in the rights, let alone dignity, of American veterans?  Stories of veterans who died after being placed on secret lists purposely denying them care, VA falsification of records to appear to be treating ill veterans quickly, and overall gross mistreatment tell the real tale.


Click on picture to see story.
Cannabis Trickery to Seize Firearms

If selective, violent home invasion and de facto murder weren't enough, examine the broad manner in which this Utah regime abuses veterans who seek alternative natural remedies like cannabis.

As UT Gun Rights exposed recently in, "Warning! Utah's "Cannabis" Bill Designed to Entrap Gun Owners," rather than protect innocent gun owners, many of whom are veterans, the Utah legislature and Gary "Fudd" Herbert deliberately lured them into thinking they can participate in Utah's grotesquely-absurd "medical cannabis program" while still possessing firearms.

As the article exposes, in reality, they have set veterans up for horrific federal harassment and imprisonment.


Behold Utah's WORST drug addicts.
Utah Politicians are the Dirtiest Drug Addicts

Ready for the truth? THE MOST DRUG-ADDICTED INDIVIDUALS IN UTAH HOLD PUBLIC OFFICE.

As the watch dog group, Justice4All.blog, has recently exposed, Utah elected officials are "on the take" for MILLIONS OF DOLLARS of tax-free campaign contributions from pharmaceutical corporations.  For example:

* Former US senator "Opioid Orrin" Hatch took $2.5 million over the course of his abysmal career, and still pretends to fight the crisis he perpetrated.

* Current US senator Mitt "Flip-Flop" Romney took $698k in pharmaceutical-related campaign contributions.

* Utah attorney general Sean "Rambo" Reyes took $152,000 from pharmaceutical sources while shamelessly pretending to combat Utah's dire opioid crisis.

* Utah state senator and pharmaceutical drug kingpin Evan "El Chapo" Vickers effectively flooded his area of Utah with opioids, and laughs about it.

* Utah state senator Curt Bramble took $73k from pharmaceutical-related contributors.

See Justive4All.blog's Top 10 Takers list to learn more about their treachery.  UT Gun Rights will be exposing how this criminal political syndicate manipulates the entire state legislature in the near future.

These political criminal lowlifes aren't interested in curtailing drug use.  If they possessed a conscience, they would check themselves in at the nearest prison for an extended stay.  Not pretend to "help" veterans or others struggling to survive and heal from the post traumatic stress they suffered.

Utah's overwhelming message is clear: Veterans are expendable tools to expand the criminal injustice industry and corrupt political power.

Back to Topics


Gun Control 101: Neutralize any potential threat to the gun control agenda.
6. Real Agenda: Disarm Veterans — Permanently

Many veterans have extensive combat training and experience.  As such, they pose a potential, formidable, defensive resistance against the federal regime's tyrannical gun control programme.

Veterans' life-and-death experiences are also scary to effeminate anti-gun zealots like Gary "Fudd" Herbert, who believes that government should, for instance, require background checks for BB guns.

The same holds true for Herbert's would-be protege, lieutanant governor and now-gubernatorial-candidate, Spencer Cox.  As a house representative in 2013, Cox worked through secretive "back-channels" to defeat a "constitutional-lite" version of a permitless concealed carry bill.

The bill is termed "constitutional-lite" because concealed carriers without a government "permit" would have still been required to carry their firearm in an "unloaded" condition.  Yes, even that was too scary for Herbert and his brown-nosing "mini-me."


The federal congress is increasingly full of "vicarious warriors," or people who send others to bleed and die.
Hostile Federal Congress

The federal government has comprehensively targeted veterans for lifetime firearms bans — without authentic due process.  In 2007, the federal congress and Obama enacted HR 2640, which funneled massive resources, and opened veteran records, to the scrutiny of the National Instant Check System (NICS).  According to Gun Owners of America,

"The core of the bill's problems is section 101(c)(1)(C), which makes you a 'prohibited person' on the basis of a 'medical finding of disability,' so long as a veteran had an 'opportunity' for some sort of 'hearing' before some 'lawful authority' (other than a court)," the organization said in a new criticism of the plan. 'Presumably, this 'lawful authority' could even be the psychiatrist himself,' the organization said.

"Note that unlike with an accused murderer, the hearing doesn't have to occur. The 'lawful authority' doesn't have to be unbiased. The veteran is not necessarily entitled to an attorney – much less an attorney financed by the government,' the group said."
Source: "Gun Owners 'Get Stabbed in Back'", World Net Daily, 12/23/07.

Department of Homeland INsecurity

In 2009, the Obama regime's U.S. Department of Homeland Security (DHS) published, "Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment."  With regard to veterans, the report claimed the following on page 2:

"The possible passage of new restrictions on firearms and the return of military veterans facing significant challenges reintegrating into their communities could lead to the potential emergence of terrorist groups or lone wolf extremists capable of carrying out violent attacks." [page 2, bold added]

The footnote at the bottom of page two claimed the following:

"Rightwing extremism in the United States can be broadly divided into those groups, movements, and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely. It may include groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration." [bold added]

Federal agents predictably downplayed the significance of this report to the public.  Obama's DHS director Janet Napolitano eventually "apologized".

This DHS report was hardly conducted in a vacuum, however.  It was published by the DHS's Office of Intelligence and Analysis, and, according to page 1 of the report itself, was,

"Prepared by the Extremism and Radicalization Branch, Homeland Environment Threat Analysis Division. Coordinated with the FBI."

In 2012, the federal regime produced the "Report on VA Facility Specific Operation Enduring Freedom (OEF), Operation Iraqi Freedom (OIF), and Operation New Dawn (OND) Veterans Coded with Potential PTSD - Revised".

This report claimed that a quarter of a million returning veterans have been "coded" as having "potential PTSD".  These veterans are key targets of the gun control apparatus.

The disturbing nature of this federal gun control effort against veterans was gradually revealed.  Here are a few examples from alternative news sources at the time:

"Operation Vigilant Eagle: Is This Really How We Honor Our Nation's Veterans?" by John Whitehead, OpEdNews.com, 5/22/13.

"Why is the Federal Government Disarming Veterans?" by Joe Wolverton, The New American, 2/26/13.

"Veteran Declared 'Mentally Defective,' Has Guns Seized," by Paul Joseph Watson, Infowars.com, 9/24/12.

Since its enactment in 2007, repeated efforts were made by various organizations and individuals to rein back NICS and increasing federal abuses.  To no avail.

Instead, in 2013, the Obama regime pursued a rule to expand NICS access to health and other records.  Speaking of the rule, the Electronic Privace Information Center argued:

"...DOJ regulations define 'committed to a mental institution' as a 'formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority' INCLUDING 'commitment[s] for mental defectiveness or mental illness, as well as commitments for other reasons, such as for drug use.'  The phrase 'for other reasons' is overly broad and vague. Although the DOJ has illustrated that drug use is an example of 'commitments for other reasons,' the nebulous language would grant the DOJ sweeping authority to prohibit individuals from possessing firearms, a constitutionally protected right.  We recognize that HHS does not have authority to amend DOJ regulations. But, because HHS proposes to amend its Privacy Rule so that states can comply with the DOJ's rule, HHS should not amend its privacy regulations to facilitate states implementation of the DOJ's broad rule. Thus, until the DOJ clearly defines and enumerates the types of formal commitments that can bar gun ownership, HHS should not amend its regulations to release sensitive mental health information to the DOJ." [bold and bold caps added]

In January 2014, Michael Hammond, general counsel of the Gun Owners of America, wrote in The Washington Times:

"The Department of Health and Human Service's 'notice of proposed rule-making,' floated by the White House in a Friday media dump, would waive portions of the federal Health Insurance Portability and Accountability Act (HIPAA) to allow psychiatrists to report their patients to the FBI's gun-ban blacklist (the NICS system) on the basis of confidential communications.

"The 1968 Gun Control Act bans guns for anyone who is 'adjudicated as a mental defective or… committed to a mental institution.'

"Unfortunately, under 2008 NICS Improvement Act, drafted by Sen. Charles E. Schumer, New York Democrat, and its regulations, that 'adjudication' can be made by any 'other lawful authority.' This means a diagnosis by a single psychiatrist in connection with a government program.

"In the case of nearly 175,000 law-abiding veterans, the 'lawful authority' has been a Department of Veterans Affairs psychiatrist, who, generally, will take away a veteran's guns by unilaterally declaring him incompetent and appointing a guardian over his financial affairs.

"Certainly, the findings can be appealed, but most veterans don’t have the tens of thousands of dollars to hire lawyers and psychiatrists to do so." [bold added]

In December 2014, Gun Owners of America reported the following regarding the massive spending bill that was enacted:

"The bill increases funds, by $13 million, for the widely abused NICS system which Obama has spent the last two years trying to expand — both through unsuccessful legislation and then through unlawful executive action.

"Among the people stripped of their Second Amendment rights by the bill's largesse will be over 175,000 law-abiding veterans.  The bill is, thus, a kick in the pants to those who served our country honorably and are counting on you to protect them." [bold added]

Veterans Affronts Administration

The federal Veterans Affairs Administration (VA) is ideal to play a major role in disarming innocent veterans through these federal gun control advances.  Federally-funded VA psychiatrists are paid and programmed to solicit sensitive feedback from veterans.

These "experts" then classify veterans as suffering from "post traumatic stress," "depression," etc.  Such labels make veterans increasingly vulnerable to ongoing statutory efforts to label them as being "unfit" to possess firearms.

The dominant VA mindset was expressed in its publication, "Firearms & Dementia":

"The best way to reduce gun risks is to remove the gun from your home...

"The presence of firearms in households has been linked to increased risk of injury or death for everyone in or around the home...

"Firearms in the home can increase the possibility of completing suicide...

"Family members do not always take appropriate action to unload, secure, or remove firearms from the home.  These actions should be taken regardless of the severity of the dementia or whether your loved one is suffering from a behavioral problem or depression...

"Many people see guns as a means of self-protection rather than as a potential safety hazard. The belief in the right to 'bear arms' can also be very high." [bold added]


The Trump regime's current AG William Barr, a radical gun control zealot and foe to all veterans.
Trump's AG William Barr Continues War on Veterans

But... these disgusting vermin from the Obama era have all disappeared, right?  Everything must be improving under president Donald Trump, yes?

Think again.  The Trump regime's attorney general, William Barr, is continuing the Obama legacy.  As examples, AG Barr:

* Defended FBI snipers who murdered Army veteran Randy Weaver's wife, son, and dog in 1992;

* Favors violent gun confiscations, magazine bans, and other frightening gun controls, and

* Is preparing a frightening pre-crime federal assault on innocent gun owners.

The same deep-state swamp of the Obama regime era is alive and gurgling, with salivating serpents like AG Barr who want nothing more than to "collaborate" with Utah courts for your disarmament.

Back to Topics


Fraud capital states like Utah represent the last battleground before violence consumes America.
7. States are Key to Disarming Veterans

The Veteran Affairs Administration's (VA) power to disarm veterans still has some limitations.  According to Gun Laws by State, a loophole exists protecting many veterans from federal gun control aggression: state governments.

"A person who has been adjudicated as a mentally defective or committed to a mental institution is not prohibited if: (1) the person was adjudicated by or committed by a department or agency of the Federal Government, such as the United States Department of Veteran's Affairs ("VA") (as opposed to a State court, State board, or other lawful State authority); and (2) either: (a) the person's adjudication or commitment for mental incompetency was set aside or expunged by adjudicating agency; (b) the person has been fully released or discharged from all mandatory treatment, supervision, or monitoring by the agency; or (c) the person was found by the agency to no longer suffer from the mental health condition that served as the basis of the initial adjudication..." [bold added]

In other words, under federal code, the federal regime and its VA lapdog may, in some instances, still need to "collaborate" with the state agents and agencies to ensure that veterans are forcefully and permanently disarmed.

That is why corrupt special interests are so focused on enticing states to pass gun control bills like HB 100.  Because Utah is arguably the fraud capital of America, it is particularly vulnerable to federal coercion.

Rather than help and assist veterans, Utah's current regime is eager to bend over and grab their ankles whenever an increasingly-deviant "Uncle Sam" comes knocking.

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These two street thugs run the show. Read, "Two Bullies Steal Your Rights."
8. Appropriate Action

HB 100 just UNANIMOUSLY passed the entire state house and now moves on to the state senate.  See its bill status page.

Barring a very concerted and immediate effort by Utah's veteran and right-to-keep-and-bear-arms communities, HB 100 will be fast-tracked through the senate by powerful and corrupt special interests.

More Utahans need to comprehend how house speaker Brad Wilson and senate president Stuart Adams are running roughshod over their state legislators.  These two tyrants set the rules, dominate the entire process, and coerce others to bow to their whims and wishes.

Learn more by reading, "Two Bullies Steal Your Rights."  UT Gun Rights will provide additional resources in the near future.

For actions you can take right now, see the article, "What You Can Do."  And keep watching UT Gun Rights' 2020 Bill Tracking Page: The Good, The Bad, & the Ugly for critical updates on general session bills.

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8. Supplemental: Other Views on HB 100.

Hear Defending Utah discuss HB 100 and the concept of "veterans courts" by clicking here.

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Click here to go back to The 2020 Bill Tracking Page: The Good, The Bad, and The Ugly.

 

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