(by Michael Connelly, Constitutional Attorney) -- It is official. 2015 is the year that progressives will make an all-out push to quash the Second Amendment and disarm the American people. I have been reporting on my blog for the last several years about the ground work that has been laid including the escalating efforts to disarm our veterans, the issuing of illegal Executive Orders by Obama to limit gun rights, the movement to get individual states to pass and enforce unconstitutional limits on gun ownership, and the signing of the UN Small Arms treaty.
Now they are ready to make their move and I predict it will consist of a number of assaults on the American people. In fact, some of them are already in the works:
- The DOJ is floating the claim that the UN Small Arms Treaty is now the law of the land despite the fact that it has never been submitted to the U.S. Senate for ratification by a two thirds majority as required by the U. S. Constitution. This means that Obama plans to enforce the provisions of the treaty without ratification and despite the fact that in 1957 the Supreme Court ruled that no treaty, even if signed by the President and ratified by the Senate can override the protection of individual rights guaranteed to Americans in the Constitution.
- Obama’s enforcement of the UN treaty will include prohibiting the importation of firearms or replacement parts from other countries into the U.S, and providing a list to the UN of all American gun owners, importers, and exporters. In order to legally facilitate this, Congress would have to repeal the ban on funding of a national gun registration. However, I believe Obama plans on doing this by another illegal and unconstitutional Executive Order.
- To continue and escalate the effort to disarm American veterans. The private medical records of veterans are being turned over illegally to the FBI so that they can be put on the NICS list of people who cannot legally purchase firearms because of mental illness. However, mental illness of these veterans is based on minor PTSD, suffering from minor depression, or even letting their spouses pay the family bills. There is no adjudication of mental illness to the point of being a danger to themselves or others as required by law.
- Veterans are also being required to tell the VA if they own firearms, how they feel about the federal government and/or the Obama administration and in some cases forced to submit to a strip search to determine if they have any “radical tattoos”. No definition of what constitutes a radical tattoo is provided.
- Obama has by an illegal and unconstitutional amendment to the Affordable Care Act overridden the prohibition on doctors to question their patients about gun ownership. Obama has called on pediatricians to question children about whether their parents have a gun in their home. Just recently I have also learned that seniors newly enrolling in Medicare are being required, when they go to a doctor for a routine physical, to take a test to determine if they are showing signs of Alzheimer’s disease. The questions include repeating a sequence of numbers and letters and other memory type questions and then there is the question about whether they own a firearm. Obviously, this information is then sent to the Federal government.
- Obama has also issued an Executive order that is being enforced by new HHS regulations that virtually set aside the HIPP law that protects the privacy of medical records. Under these new regulations, if your records contain anything indicating you have ever been depressed, had PTSD or taken certain medications your records will be turned over to the FBI and you will be put on the NICS list. This will apply to everyone, not just veterans.
- Obama also has the Bureau of Alcohol, Tobacco, and Firearms changing the definition of mental illness to provide that anyone can be declared mentally ill to the point of being a danger to themselves or others for any reason without an adjudication of any kind, and therefore can be prohibited from owning firearms. This is already happening in states like New York that have adopted similar laws and regulations. A citizen of New York has been declared mentally ill and had his guns seized because he was seeking treatment for insomnia.
- In the meantime, we have a Republican Senator casting the deciding vote to confirm Obama’s appointment of a Surgeon General who believes that gun ownership constitutes a health threat. We have the EPA moving to control the manufacture of ammunition because it claims that the use of lead in ammo produces a threat to the environment.
- The Department of Justice will continue its campaign to force banks to deny loans and even bank accounts to firearms dealers and will continue to harass them in other ways to force them out of business.
In other words, multiple resources of the Federal Government and some state governments are going to be used to take our firearms, but we can and must fight back. As the Executive Director of the United States Justice Foundation (www.usjf.net) I plan on taking the following actions to:
- Contact members of the U.S. Senate and urge them to refile the “Veterans Second Amendment Protection Act” that will stop the efforts of the VA to disarm America’s heroes. This law was previously defeated by Democrats in the Senate.
- Continue our representation of individual veterans in their fights to reverse declarations that they are incompetent to handle their own financial affairs and cannot own firearms. We have won some recent victories in this effort.
- File suits against the VA, FBI, DHS, and DOD to force them to comply with our Freedom of Information Act requests to gain documents about the attacks on veterans by these agencies.
- Continue our involvement in lawsuits against states that are implementing and enforcing unconstitutional gun control laws.
- Offer our support to any members of Congress who file suit against Obama to stop his use of illegal Executive Orders to implement gun control and other unconstitutional actions.
- Continue to support the Constitutional Sheriffs and Peace Officers Association (CSPOA) in their efforts to recruit law enforcement leaders around the country to pledge that they will not allow unconstitutional laws or regulations to be enforced in their jurisdictions.