Gabby Giffords & 100,000’s of Americans Are Gun Criminals by Definition

By Jeff Knox

Gabby Giffords
Gabby Giffords – mentally defective, and a prohibited persons with regards to guns.
FirearmsCoalition.org
FirearmsCoalition.org

USA –  -(Ammoland.com)- We’ve all laughed at Jeff Foxworthy’s clever “You might be a redneck” jokes, but firearm crime is no joking matter, and there are a lot of people committing “gun crimes” every day without even knowing it.

Whether you know all about guns and gun laws, or you don’t even own a gun, you might be a gun criminal.

American gun laws are so convoluted and the definitions so elastic that even the Bureau of Alcohol Tobacco, Firearms, and Explosives’ official website omits some prohibitions and fails to clearly explain others.

As I pointed out in a previous column, it is likely that former representative, now gun control crusader…

Gabby Giffords, who, along with her husband makes a show of being a gun owner while calling for more restriction, is probably legally prohibited from possessing firearms or ammunition. In other words, they probably are gun criminals.

It can be assumed that during the time after she was horribly shot – by a deranged Democrat – Gabby’s husband, Mark Kelly, was probably assigned a power of attorney to manage her affairs, and that she was, and possibly still is, considered legally incompetent and therefore unable to sign contracts or enter into legal agreements.

According to the Veterans Affairs health-care system and the FBI, a determination of legal incompetence qualifies a person as “adjudicated mentally defective,” resulting in loss of the right to firearms. The VA so designated some 200,000 veterans, many of whom were not nearly as seriously impaired as Ms. Giffords, and reported their names to the FBI as “prohibited persons.” For them to get their rights back, these veterans would have to renounce their disability benefit and prove to a VA doctor that they are no longer mentally impaired. Then they would have to petition for restoration of rights, but their petition could be turned down.

The only difference between these vets and Gabby Giffords is that no one reported Gabby to the FBI as a “mental defective.” But it doesn’t matter whether or not someone has been added to the FBI’s database of prohibited persons. It is the condition, not the reporting of it, that matters. According to the law, anyone “who has been adjudicated as a mental defective or has been committed to any mental institution” is prohibited from possessing guns or ammunition, just like anyone under indictment or convicted of a crime punishable by imprisonment for a term exceeding one year, or anyone who is a user of a controlled substance.

As Gabby and her group pushes for expanded background checks and more comprehensive reporting of mental-health records to the FBI’s National Instant Background Check System, or NICS, she should be held to the same standards as our injured veterans under VA care. With that in mind, veterans have been told that it would be a crime for their spouse to maintain firearms in the household, even if the veteran didn’t have access to them.

Under that standard, Gabby’s husband would not be allowed to have guns either, at least not in the house.

Mark Kelly's Video Failed To Show He Was Denied Handgun Purchase
The VA says – and has been acting on for about 20 years – a legal finding of incompetence equates to “adjudicated mentally defective” under federal gun laws, then not only are Gabby and Mark breaking the law, but so are the parents of developmentally disabled adults if they have guns in the house.

And taking the logic further, if, as the VA says – and has been acting on for about 20 years – a legal finding of incompetence equates to “adjudicated mentally defective” under federal gun laws, then not only are Gabby and Mark breaking the law, but so are the parents of developmentally disabled adults if they have guns in the house or take their kids out to plink with .22s, and so are the guardians of folks with Alzheimer’s if they let them handle firearms.

The current system is all or nothing. There is no scaled or limited application. Either you are prohibited or you are not. If you are prohibited, any contact with, or access to a firearm is a felony, and so is providing or facilitating such contact or access. There is no provision for supervised range visits, or access under controlled circumstances. Someone who kited a check is under the exact same prohibition as someone who committed murder. Someone who eats pot-laced brownies to soothe the nausea of cancer treatments is treated just like a meth dealer.

The only thing that keeps trauma victims like Gabby Giffords and our disabled veterans from being snatched up and sent to prison is the kindness and common sense of police and prosecutors. Selective enforcement is no solution to bad laws. Just because these laws are rarely enforced against nice people doesn’t mean they never will be. Just look at the way New York City’s ban on “gravity knives” has been enforced and abused. That’s gotten so bad that even the Village Voice is finally complaining about the bad law.

The sad fact is that it’s much easier to catch regular people inadvertently breaking gun laws than it is to catch real criminals. And now the Obama administration is pushing a whole new raft of abusive regulations to circumvent Congress and restrict guns and gun owners even further.

As more “minor adjustments” are made to our nation’s gun laws by Congress, bureaucrats and judges, it becomes easier and easier to inadvertently break these laws.

The cruel joke is rapidly changing from; “If you or someone in your household possess firearms … you might be a gun criminal,” to “If you are ever around guns … you probably are a gun criminal.”

 

About the Firearms Coalition:

The Firearms Coalition is a loose-knit coalition of individual Second Amendment activists, clubs and civil rights organizations. Founded by Neal Knox in 1984, the organization provides support to grassroots activists in the form of education, analysis of current issues, and with a historical perspective of the gun rights movement. The Firearms Coalition is a project of Neal Knox Associates, Manassas, VA.

For more information, visit: www.FirearmsCoalition.org.

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Robert Thomas
Robert Thomas
5 years ago

I think that Frank Zappa can be credited with this “America is a land of laws, poorly written and randomly enforced”. Sounds about right.

joe goad
joe goad
5 years ago

Vote for the republican in the general election whether you like him or not and all this will end. Hilliary gets the presidency we are doomed

Clifford Brumit
Clifford Brumit
5 years ago

It is all about money and living high on the hog are I should say . Living like a King and green. The Guilford are not stupid they have it made with anti gunners donations..

Bob Shell
Bob Shell
5 years ago

If being a fraud is a crime then the Giffords should be charged. They go around collecting $$$ for their sites and claim to be anti-gun unless they own one. There people have no morals and are as crooked as Hillary.

russ
russ
5 years ago

These two are pathetic and if not so dangerous would be pitied.They need to find something to do other than would be politicians. As a Navy vet Im ashamed of him.

5WarVeteran
5WarVeteran
5 years ago

Just another sign of excessive drug usage.

abelhorn
abelhorn
5 years ago

Until the Constitution is Amended
All your Gun laws are BS
Be careful where you try to enforce them.

Thom Paine
Thom Paine
5 years ago

Bravo ,well done . The self anointed leftist scum think their tripe only applies to the peons. IF it continues to be so, it is a recipe for revolution.

Harry Marker
Harry Marker
5 years ago

So anotherwords, I live in Delaware, I have a rare vascular disease that is EXTREMELY painful. As a result I have to take morphine several times a day or my bloodpressure goes into stroke range from the pain. As a result, if I have any guns, I am now a law breaker????
So I cant hunt any more? No personal protection?
We have got to get this Country back on track people.

Dr Dave
Dr Dave
5 years ago
Reply to  Harry Marker

Harry
The article was a tiny bit wrong it needed to say illegal controlled substances NOT just controlled substances
As someone on a prescription for pain meds as long as you are not also mentally incompetent you are fine
Hundreds of thousands of people legally carry guns and are taking controlled drugs. Things for diarrhea pain and other conditions that are “controlled” to prevent them from freely being prescribed and unaccounted for do not disqualify one from legally possessing or using a firearm.
Dr D

MP
MP
5 years ago

So report her.

smitch
smitch
5 years ago

Get OUT of Arizona!

Russell
Russell
5 years ago

Watch out for the snake in the grass.

Naturalist
Naturalist
5 years ago

If it was anybody else they woould be put on a list and prohibited by the maoscumunist administration from owning a gun. This si a a case of Executive Privlige.