Veterans with no finance skills may lose gun rights

[diablo982]

A simple "death threat" is not a crime under TN law. It is only an assault under TN law if the threat of bodily harm is imminent. Basically you would have to be charging at, swinging at the victim for it to apply. ( Or some other sort of immediate threat of violence, like brandishing a gun.) Just saying "I'm going to kill you" is free speech unless it rises to the level of one of the harassment laws.

Back to the original post, very few Vets are appointed a fiduciary. If you are appointed one, something is seriously wrong. All examples I am aware of are for people with serious mental health issues. Personally, I don't want someone suffering from paranoid, homocidal thoughts possessing a firearm. If the Vet still wants to purchase a firearm, they can always decline the VA benefits. Edited December 8, 2012 by diablo982

[TMF]

[quote name='diablo982' timestamp='1354989379' post='856909']A simple "death threat" is not a crime under TN law. It is only an assault under TN law if the threat of bodily harm is imminent. Basically you would have to be charging at, swinging at the victim for it to apply. ( Or some other sort of immediate threat of violence, like brandishing a gun.) Just saying "I'm going to kill you" is free speech unless it rises to the level of one of the harassment laws.

Back to the original post, very few Vets are appointed a fiduciary. If you are appointed one, something is seriously wrong. All examples I am aware of are for people with serious mental health issues. Personally, I don't want someone suffering from paranoid, homocidal thoughts possessing a firearm. If the Vet still wants to purchase a firearm, they can always decline the VA benefits.[/quote]

First, making a viable threat is assault. It isn't free speech. The problem is proof that such threats took place.

Second, you seem to think that Vets should be held to a different standard in terms of 2nd Amendment rights than the average citizen. There is so much wrong with that line of thinking I can't even fit it into my head.

[DaveTN]

[quote name='diablo982' timestamp='1354989379' post='856909']
A simple "death threat" is not a crime under TN law. It is only an assault under TN law if the threat of bodily harm is imminent. Basically you would have to be charging at, swinging at the victim for it to apply. ( Or some other sort of immediate threat of violence, like brandishing a gun.) Just saying "I'm going to kill you" is free speech unless it rises to the level of one of the harassment laws.

Back to the original post, very few Vets are appointed a fiduciary. If you are appointed one, something is seriously wrong. All examples I am aware of are for people with serious mental health issues. Personally, I don't want someone suffering from paranoid, homocidal thoughts possessing a firearm. If the Vet still wants to purchase a firearm, they can always decline the VA benefits.
[/quote]
If I tell my wife “I’m going to kill you”; that’s domestic violence. I get arrested and upon conviction I lose my HCP. Yet according to you I can tell a Co-worker “I’m going to kill you tomorrow; I’m going to shoot you.”, and no crime has been committed under Tennessee law because its free speech?

[TMF]

[quote name='DaveTN' timestamp='1354992833' post='856921']
If I tell my wife “I’m going to kill you”; that’s domestic violence. I get arrested and upon conviction I lose my HCP. Yet according to you I can tell a Co-worker “I’m going to kill you tomorrow; I’m going to shoot you.”, and no crime has been committed under Tennessee law because its free speech?[/quote]

I believe that is what he is trying to say. He is wrong. In fact, isn't there a woman sitting in a Nashville jail after simply making an off hand comment about showing up to work and killing everyone? As I recall it wasn't even a direct threat and she still got the metal bracelets.

[Guest CCI]

[quote name='diablo982' timestamp='1354989379' post='856909']
A simple "death threat" is not a crime under TN law. It is only an assault under TN law if the threat of bodily harm is imminent. Basically you would have to be charging at, swinging at the victim for it to apply. ( Or some other sort of immediate threat of violence, like brandishing a gun.) Just saying "I'm going to kill you" is free speech unless it rises to the level of one of the harassment laws.

Back to the original post, very few Vets are appointed a fiduciary. If you are appointed one, something is seriously wrong. All examples I am aware of are for people with serious mental health issues. Personally, I don't want someone suffering from paranoid, homocidal thoughts possessing a firearm. If the Vet still wants to purchase a firearm, they can always decline the VA benefits.
[/quote]Free speech, I don't think so, an individual making death treats, or bodily harm threats needs to be locked up! Courts will look closely at the context in which the words are spoken, and the surrounding circumstances.

[Just2Honor]

Seems to me the issue with vets is the same with everyonbe else: It's not "financial skills", it's mental state.

[TMF]

[quote name='RoadKill' timestamp='1354999158' post='856952']Seems to me the issue with vets is the same with everyonbe else: It's not "financial skills", it's mental state.[/quote]

It most certainly is not. This isn't being decided by a court or even doctors. It is because a veterans life is opened to more scrutiny due to receiving benefits. It is. It okay to have additional restrictions for veterans.

[diablo982]

39-13-101. Assault.

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Show me where in the TN assault statute is says its a crime to use words only? I don't like the statute either but it doesn't make it "not true." I only brought this up because a previous poster said he received death threats and the police told him there was nothing they could do. Outside of harassment by telephone, I think unfortunately the officers were right.

[diablo982]

[quote name='TMF' timestamp='1355002309' post='856969']


It most certainly is not. This isn't being decided by a court or even doctors. It is because a veterans life is opened to more scrutiny due to receiving benefits. It is. It okay to have additional restrictions for veterans.
[/quote]

Actually, the VA doctor who does the psych evaluation makes the determination if the Vet is capable of managing his/her financial affairs. Its written at the end of their report. Again, almost every Vet, even those with mental health issues, are deemed capable of managing their own money, i.e. VA benefits.

[TMF]

[quote name='diablo982' timestamp='1355013274' post='857024']39-13-101. Assault.

(a) A person commits assault who:

(1) Intentionally, knowingly or recklessly causes bodily injury to another;

(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or

(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Show me where in the TN assault statute is says its a crime to use words only? I don't like the statute either but it doesn't make it "not true." I only brought this up because a previous poster said he received death threats and the police told him there was nothing they could do. Outside of harassment by telephone, I think unfortunately the officers were right.[/quote]

A, 2.

It literally happens almost everyday here.

[TMF]

[quote name='diablo982' timestamp='1355014330' post='857032']

Actually, the VA doctor who does the psych evaluation makes the determination if the Vet is capable of managing his/her financial affairs. Its written at the end of their report. Again, almost every Vet, even those with mental health issues, are deemed capable of managing their own money, i.e. VA benefits.[/quote]

AFAIK, there is not a prerequisite for a psych eval to appoint a fiduciary. If I get into a car wreck tomorrow and slip into a coma the VA would still have to pay benefits and would have to appoint my wife. They would then forward that information to the FBI and I would never be able to purchase from an FFL again. Great idea. Edited December 9, 2012 by TMF

[diablo982]

[quote name='TMF' timestamp='1355019070' post='857054']


A, 2.

It literally happens almost everyday here.
[/quote]

As I posted originally, A.2 uses the word "imminent." Saying, "If you come onto my property, I'm going to kill you." Is a conditional threat, and definitely not imminent. No prosecutor is going to take that case, and I doubt you would find a magistrate in this state who would issue a warrant. (Although some magistrates never cease to amaze me.)

[diablo982]

[quote name='TMF' timestamp='1355019574' post='857056']


AFAIK, there is not a prerequisite for a psych eval to appoint a fiduciary. If I get into a car wreck tomorrow and slip into a coma the VA would still have to pay benefits and would have to appoint my wife. They would then forward that information to the FBI and I would never be able to purchase from an FFL again. Great idea.
[/quote]

If you are in a coma, are you really going to be purchasing a handgun? If and when you regain your senses, get VA to make you your own payee; problem solved. I understand your concern that innocent people may be caught up in VA red tape, but I honestly believe the number will be few if any. I'm more concerned with the seriously mentally ill obtaining weapons and using them in mass shootings.Nothing furthers the anti-gun movement like the Colorado theater rampage.

[DaveTN]

I know there is no answer for this, but I wonder if not being able to purchase a firearm has ever stopped a mentally ill person from killing someone or committing suicide.

I have mixed feelings on this. I don’t want to see any military person denied having a gun because of their military service. But on the other hand I think we owe them the due diligence of trying to keep them from committing suicide or killing a bunch of people.

[Guest sventvkg]

Now get ready to be accused by some here of wearing your tin-foil hat.

Tin foil hat my arse...this is as real as it gets. Anyone who doesn't believe it has their own head up their rear echelon.