July 20, 2011, 05:38 PM | #26 | ||
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Location: CONUS
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The proposals floated so far literally make no provision for treatment. Once diagnosed, you're barred for life even if you successfully undergo treatment. This is why service personnel and veterans are scared so silly about these proposals. They are a one-way street to the permanent loss of a fundamental (to quote the SCOTUS) Constitutional right. Quote:
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July 20, 2011, 05:44 PM | #27 | |
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Join Date: June 12, 2000
Location: Texas and Oklahoma area
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Which is not to say that people who think they might need treatment should avoid it; but just a reminder that agency administrative hearings need to be taken seriously. |
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July 27, 2011, 05:35 AM | #28 | |
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Join Date: December 29, 2010
Posts: 311
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Public Law 110-108
As I understand it, Public Law 110-180 (derived from H.R. 2640) enacted January 8, 2008 declares that any Veteran who has been treated by the VA for mental illness and "otherwise been fully released or discharged from all mandatory treatment, supervision, or monitoring" and the V.A. "may not provide their record to the Attorney General" (for listing in NCIC).
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If a NCIC record has been created, the act provides for relief and describes the process of relief. As I read it, if no NCIC record is created, there is no need for application for relief. In particular (a)(2)(B) states that ... "the adjudication or commitment, respectively, shall be deemed not to have occurred for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18, United States code." I'm not an attorney (and I don't play one on TV), but that seems pretty clear to me. (Then again so does the 2nd Amendment!) Clarification by actual attorneys is encouraged.
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JustThisGuy Mediocrity dominates over excellence in all things... except excellence. Last edited by JustThisGuy; July 27, 2011 at 06:06 AM. |
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