Does the above account for how Veterans and ONLY VETERANS who use a fiduciary were prohibited from owning a gun..... But if you are retired FBI, IRS, DOJ, CIA, ABC,etc... you could use a fiduciary and not have your guns taken away.
... oh yeah... he tried it at the very end with SSN recipients...
Much as I detest having to defend Obama's actions, this statement leaves out vitally important information and creates an impression of deliberate malice that reality (using all the relevant facts) does not support.
Those Veterans, and SSI recipients who were (wrongly) classed as prohibited persons were not just using a fiduciary arrangement, they were ALSO seeking govt. assistance DUE TO MENTAL ILLNESS. Any, and all, DOJ, FBI, IRS, CIA, or OGA retirees who both used a 3rd party fiduciary and were seeking govt compensation for mental problems would have been treated the same way.
Obama didn't sign anything to turn those people into prohibited persons. The government bureaucracy did that, by misinterpreting already existing rules. What Obama's administration did was NOT to make any new rule about being a prohibited person, what they did was make a change to govt. policies, to ensure, and improve the transfer and sharing of information between the various govt. agencies.
I doubt anyone in Obama's administration shed any tears or lost sleep over the situation that "improved efficient" resulted in, since no one did anything to fix it, until Trump was elected, but there is ZERO evidence that it was done with evil intent or malice aforethought.
What happened resulted from the fact that different govt agencies have different standards for what is "mentally ill" enough to meet their requirements for compensation/benefits. AND these standards are different from the process in law for determining if a person is not mentally competent to possess firearms and becomes a prohibited person.
Of course, the press mentioned about none of this...
Literally, the system denied those people due process, because of the limitations of the systems used.
The Obama administration said "all you guys must do a better job talking to each other and sharing information" The various agencies then did that, or tried. But what happened was that DOJ (NICS system) got told "JSMITH xxx-xx-xxxx address has been ruled mentally unfit and is receiving benefits from SSI (or the VA).." NICS now has information JSMITH is mentally unfit, and has only one box for "mentally unfit" and that was PROHIBITED PERSON
NCIS does NOT know (or care) that SSI's or the VA's classification of mentally impaired does NOT meet the legal standard specified in law. ON THEIR OWN, they have only one place to put someone who is mentally impaired, so they put them there, making them prohibited persons in their system.
The law is very clear, and has been the law since 1968. You must be adjudicated mentally unfit before you are classed as a prohibited person for mental reasons. That means a JUDGE has to rule it, after a court hearing, where both sides make arguments and present evidence. And, it applies to each individual case. The ruling is for each individual person, and is not a blanket thing.
NO Doctor's opinion, or some clerk checking a box on a form makes you a legally prohibited person (though they can be presented as evidence), only a Judge's ruling does so. Win or lose, the law gives you your "day in court" on the matter.
This did not happen to those Vets and SSI applicants, their legal rights were not so much denied as not recognized as existing by the various agency systems, and that resulted in their becoming prohibited persons.
This was one of the first things the Trump administration changed after taking office. Of course, all the press saw was "Trump repeals law preventing mentally ill from having guns!!!"
What Trump did was to stop agency A from classing someone as prohibited solely on the information provided from agency B or C, and to comply with the law as it has existed since 1968.
The Obama administration could have done that, as the screwup they created was recognized during their administration, but they chose not to.
Perhaps it was just another one of those things that, as VP Biden said, "we don't have time for that.."
Seems Trump did have time for that...
Neither party is our friend or advocate for 2nd A rights. Some individuals are, but the parties aren't. Republicans seem to pay a bit more attention to the rule of law than Dems do on this matter, but that may be an illusion, or just a level of realpolitik the Dems don't bother with.
One candidate says "Hell yes we're going to take your AR15!!" and none of the others even seriously OBJECT. Only ONE says something like "I'm not sure that's Constitutional..".
The rest just kind of nod and go on...
and this is where we are at, today...