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Feds Tell Veteran He Will Lose 2nd Amendment Rights Because Of PTSD

Pat Kirby

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When did serving your country become a crime?

(MYRTLE CREEK, OR) – If Pat Kirby has his guns taken away by the federal government, then everyone else is probably going to eventually face the same thing. The clock is ticking. Pat Kirby is a decorated Oregon Vietnam Veteran with PTSD (Post Traumatic Stress Disorder). He never imagined he would receive a letter telling him he will have to turn over his guns, or face imprisonment.

First they came for the Socialists, and I did not speak out– Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out– Because I was not a Trade Unionist.

Then they came for the Jews, and I did not speak out– Because I was not a Jew.

Then they came for me–and there was no one left to speak for me.

– Martin Niemöller

Pat Kirby is the ultimate expression of a law abiding American citizen. He served his country, worked hard to raise a family, and created a nice life in spite of his PTSD. But his comfort zone was jerked away when he was told he had to give up one of his most basic rights for the most unbelievable reasons.

His crime?

There was no no crime. The Veterans Administration has deemed Mr. Kirby “incompetent” because his wife takes care of their finances. He has a good credit rating, he pays his taxes, he has never been arrested in his life, yet the federal government says will have to surrender his firearms and give up his Second Amendment right due to the VA’s designation of “incompetent”. His alleged incompetence is based on his own admission that he does not take care of his own finances.

He and Sue live in a wooded, rural area near Myrtle Creek, Oregon, where wild animals often threaten their property, but now this honorable Vet may be left defenseless.

The word “frustrating” may not be sufficient to describe this family’s feelings about the letter they recently received from the Portland, Oregon VA.

Pat Kirby served multiple tours in Vietnam in the U.S. Army, earning numerous decorations and medals for his service. Among these are several Purple Hearts. He was a sergeant in the Vietnam War who put all of his effort into saving the lives of his fellow soldiers, and on many occasions that is exactly what he did.

Meeting Pat, you get the sense you are meeting a hero; a man whose personal history is central to the very meaning of this country. Another Veteran who was heavily decorated from his service in the Vietnam War is Stuart Steinberg, a Bend, Oregon resident who was one of the first members of Vietnam Veterans of America He served with various explosive ordnance disposal (EOD) teams during his two tours in Vietnam.

There is no question that Pat’s life has been heavily affected by his military service. He has medical issues like so many other Vietnam Veterans, but nothing has had the measurable impact that this ruling does. According to the documents, the demand that Veterans in Pat Kirby’s shoes give up their firearms is based on the Brady Bill. I spoke to Mr. Steinberg about Pat Kirby’s case, which he has been familiar with for several years.

“The Brady Act does not, in fact, allow a person like Pat to be denied gun ownership rights. The VA, and, apparently, the Federal government, are using the section about being ‘adjudicated a mental defective’ to illegally deny men like Pat Kirby the rights he fought for during his 37 months in Vietnam. The key word, there, is ‘adjudicated.’ A finding by the VA that someone is incompetent to handle his money is not an adjudication. To adjudicate something is to hear and settle a case by judicial procedure. This is not a judicial procedure–it is a finding by bureaucrat who is not a mental health professional. This is something that needs to be resolved by litigation because what the VA is doing is illegal and unconstitutional.”

Read more here.





    1. Mr. Kirby, I’d be honored to sell you as many firearms as you’d like. All of these sales would be off the record.

    2. This is so sad. Gangs don’t have to put up with this as they do not register their weapons. Has this nation just lost its mind?

    3. And this is what Pat Kirby fought for, and what the returning
      military can expect? I have read where up to 30% of returning
      Iraq & Afghanistan war veterans have been diagnosed with PTSD.
      All that has to be done is to get “better” diagnoses and then
      100% of returning vets can forget their Second Amendment rights.

      First the pensions, then their Second Amendment rights, and the
      list will go on.

      One must remember that Homeland Security, The Home Guard, is now
      the new American military. –And you can be sure that they will
      be treated a lot better.

    4. In many couples, the wife will handle the finances if she has more time and is better at
      it. It does not mean the husband is incompetent. The VA needs to be sued by Veteran
      groups to stop this miscarriage of veterans rights.

    5. This is going to happen to all Vets for they know we civilians will need them to help us fight if and hwen it comes to that. don’t be surprised when others get these letters. Not that close but if he was closer to me I’d sure stand with him.

    6. I agree csaaphil.

      But also realize that the veterans and retired, ex constitutional law enforcement are the trained and prepared Militia of the several states who were given the Constitutional DUTY to enforce the US Constitution, the (constitutional) laws of our land,

      Constitution of the United States of America, Second Amendment:

      A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

      US Constitution, Article I, Section. 8, Clause 11: “To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water”.

      The congress has the duty to grant Letters of Marque and Reprisal when they are needed to enforce the US Constitution, the laws, or defend the people and the nation. This is using private citizens in their own privately owned crafts to defend the USA and her people, this is using the Militia.

      Clause 12 specifies that there shall be no military beyond that of the Militia here:
      “To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years”.

      * NOTE: The money that the congress has illegally spent beyond the lawfully allowed time of two years for the support of a “standing military” was/and still is a misappropriation of funds (misappropriation n. the intentional, illegal use of the property or funds of another person for one’s own use or other unauthorized purpose, particularly by a public official…), a felony, a crime against the American people.

      -> Clause 15 requires of the congress: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and REPEL INVASIONS”.

      This clause is very straightforward also. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias.

      Clause 16 makes it very clear that the ARMING OF THE MILITIA OF EACH STATE is a LAWFUL duty assigned to the congress that they are REQUIRED to carry out: Clause 16:

      “To provide for organizing, ARMING, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.

      You have probably not noticed but both the congress and most states have reneged on their lawfully assigned duties towards each states Militia. That is for a reason, and not a good one for the USA and her people. When the founders created the US Constitution they realized that we would never be able to count on state and federal representatives or agencies to protect our lives, property, and freedom. They decided to continue with what the people here had already been using, and the one proven throughout history to have the best needs of the people themselves always put first, the Militia. Who are the Militia of the several states? All able-bodied citizens or those legally allowed to be here between the ages of 18 – 60.

      Each state’s Militia is made up of “We the People”. The Militia has as its constitutionally assigned duties to:
      Enforce the US Constitution and each state’s Constitution,
      Enforce and keep the “Laws of the Union” (constitutional laws ONLY),
      Protect the country against all enemies both domestic and foreign, and
      “to suppress Insurrections and repel Invasions”.

      The US Constitution guarantees to each state its own “Republican form of government”. It is every state’s Militia that is the ONLY Constitutionally assigned force to “counter Invasions” and “Domestic Violence” within our nation.

      The forefathers wouldn’t put the militia under federal control as there was always a chance that those in office would turn traitorous against the people. They already had learned, and history taught – then and now, that people in places of power could not be trusted. So they broke it up; the people ARE the militia and would keep the best interests of the people themselves at the forefront of all decisions made. They assigned part of the duties of arming, etc to the feds, training to the states, the rest belongs to the People of each state.

      Since they have reneged on their contractual duties we should fire them. But more important it will be up to the trained Militia of every state to take up the training of each state’s people bringing them to where they need to be. It is an arduous task, but a necessary one for our safety, for our nation, for our legitimate governments.

    7. They have NO lawful right to disarm veterans, or anyone else, it is another “soft” attack upon the people.

    8. Recently, in the same town of Myrtle Creek and elderly man had his home broken into by several young thugs that beat him to death simply to steal three medical marijuana plants. How dare the VA deny this responsible veteran hi 2nd Amendment rights to protect himself, his family, and his property.

    9. Don’t give up your guns! If they come for us, let us know, and we will stand with you. We CANNOT allow our fellow veterans to be disarmed. If you don’t draw your line here, you will just become a slave. We MUST stand together on this!

    10. You know this is sad. I am an American veteran and it saddens me to see my Cou try in such turmoil. I know that it is time. America it is time! Let us come together and and wait not on the lay of the law. Let us demand our freedom and if not surrendered let us relieve them of 5 he breath that declares such fallicy.

    11. all laws that are Un Constitution laws are not laws because the do not have a right to make these laws.
      They try to enforce them to say they are laws but they are all Un Constitution laws

    12. I’m going through the same thing right now and with the VA taking so Damn long on paper work I don’t know how long a appeal will take. I received a letter in the mailbox last October. I appealed the letter and they told me that I couldn’t appeal it because it wasn’t official because they had to further review my disability findings. So my question is how can you take my 2ND amendment right away before any decision is made. I went to Iraq three times and the Army sent us through a finance class telling us we would not have access to the internet so it’s best to leave all your bills with a spouse or family member. Well with that being said I left it with my wife. Years later my way wife takes care if all the financial aspects of my household while I work. I don’t ser any issues with this. It’s amazing how this makes me incompetent to the US Government s eyes

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