Matthew Hill: | Hello and welcome to another Hill and Ponton Veterans’ Video Blog. I’m Matthew Hill. |
Carol Ponton: | Carol Ponton. |
Matthew Hill: | And today we want to talk to you about a serious subject we get asked a lot about from our clients. When will the VA take my guns away? And we want to talk about what could happen, or when that does happen and when it doesn’t happen, because especially the latter part when it doesn’t happen, because there’s a lot of fear of the unknown that vets shouldn’t really be afraid of. |
Carol Ponton: | Right. |
Matthew Hill: | When do you see this Carol? |
Carol Ponton: | The only time the VA is going to take or say that the vets can’t have a gun is when they’re found incompetent, okay? That’s the only time I have veterans that say, “Well, if I get Baker-acted or if I tell them I’m suicidal, or I really want to kill somebody, they’ll take my guns away.” They won’t. The only time is when they’re found incompetent. |
Matthew Hill: | Which also means that they’re not able to handle their funds, handle their own money, and either someone else in their family does that for them, or somebody who’s a professional would do that. |
And when I say “Funds,” I’m talking specifically the VA benefits they’re entitled to. One of the big areas where they’re not, another area where they would not be losing their guns if they get 100%. | |
Carol Ponton: | Right. |
Matthew Hill: | A lot of times I get veterans who say, “If I’m 100%, especially for psychiatric … |
Carol Ponton: | Permanent total, or psychiatric. |
Matthew Hill: | … issues, then I’m gonna lose my guns.” That’s not the case. |
Carol Ponton: | Right. There’s a lot of fear out there about veterans losing their guns and that’s why we want to make sure they know this only comes up if you’re found incompetent. That means that the money that the VA sends you, you can’t handle. |
So that’s one of the things you don’t want to have happen, okay? But don’t fear getting VA benefits is gonna affect your gun control, your gun possession at all, because it’s not except if you’re found incompetent. | |
Matthew Hill: | And it’s that last part that I really want to hammer home here, because what we see a lot are veterans who are not getting the benefits that they’re entitled to, that they represented us for, that they fought for., because they’re worried about losing their guns. |
They won’t go for the 100% when really that’s what they need. They can’t work because of their back, or the PTSD is so bad they can’t be around anyone. You need to realize that you’re entitled to those benefits and it’s only when they say you’re incompetent that they would either take your guns, or issue- | |
Carol Ponton: | Make you a sign, a statement that you won’t have them. People here rumors, although everybody’s got a position, everybody knows the law, but in this case that’s not the law. The only law that takes away your guns is if you’re found incompetent. |
I can’t tell you how many veterans call me in a panic because they were just awarded 100% for a mental condition, or because somebody, part of their claim, it was mentioned that they had been feeling suicidal. That has nothing to do with it. They’re not going to take your guns for that and we really want to- | |
Matthew Hill: | Well there’s the feeling suicidal versus having a plan, right? That will get you- |
Carol Ponton: | Well that’s for … |
Matthew Hill: | Baker-acted. |
Carol Ponton: | That’s a Baker Act. |
Matthew Hill: | Right. |
Carol Ponton: | But that still really doesn’t come in. Until they find you incompetent, you got your guns. |
Matthew Hill: | And don’t be the veterans that we see, that ended up not applying and fighting for the benefits they deserve because they didn’t want to get to high of a rating. You deserve whatever rating that you’re entitled to and don’t let somebody talk you out of it, because they can spook you about the VA taking their guns. It’s just the fiduciary incompetence piece that would make that happen. |
Carol Ponton: | Right. |
Matthew Hill: | Well thank you for joining us today here on the Hill and Ponton Veterans’ Video Blog and we look forward to seeing you on the space soon. |