Sec. 105. Additional protections for our veterans
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Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section: In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is determined by the Secretary to be mentally incompetent shall not be considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 until— in the case in which the person does not request a review as described in subsection (c)(1), the end of the 30-day period beginning on the date on which the person receives notice submitted under subsection (b); or in the case in which the person requests a review as described in paragraph
(1)of subsection (c), upon an assessment by the board designated or established under paragraph
(2)of such subsection or court of competent jurisdiction that a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. Notice submitted under this subsection to a person described in subsection
(a)is notice submitted by the Secretary that notifies the person of the following: The determination made by the Secretary. A description of the implications of being considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18. The person's right to request a review under subsection (c)(1). Not later than 30 days after the date on which a person described in subsection
(a)receives notice submitted under subsection (b), such person may request a review by the board designed or established under paragraph
(2)or a court of competent jurisdiction to assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. In such assessment, the board may consider the person’s honorable discharge or decoration. Not later than 180 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether a person cannot safely use, carry, possess, or store a firearm due to mental incompetency. Not later than 30 days after the date of an assessment of a person under subsection
(c)by the board designated or established under paragraph
(2)of such subsection, such person may file a petition for judicial review of such assessment with a Federal court of competent jurisdiction. Not later than 90 days after the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall provide written notice of the opportunity for administrative review and appeal under subsection
(c)to all persons who, on the date of enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , are considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department of Veterans Affairs to be mentally incompetent. Not later than 180 days after the enactment of the Public Safety and Second Amendment Rights Protection Act of 2013 , the Secretary shall review the policies and procedures by which individuals are determined to be mentally incompetent, and shall revise such policies and procedures as necessary to ensure that any individual who is competent to manage his own financial affairs, including his receipt of Federal benefits, but who voluntarily turns over the management thereof to a fiduciary is not considered adjudicated pursuant to subsection (d)(4) or (g)(4) of section 922 of title 18. Not later than 30 days after the Secretary has made the review and changes required under paragraph (1), the Secretary shall submit to Congress a report detailing the results of the review and any resulting policy and procedural changes. . The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. . Section 5511 of title 38, United States Code (as added by this section), shall apply only with respect to persons who are determined by the Secretary of Veterans Affairs, on or after the date of the enactment of this Act, to be mentally incompetent, except that those persons who are provided notice pursuant to section 5511(e) of such title shall be entitled to use the administrative review under section 5511(c) of such title and, as necessary, the subsequent judicial review under section 5511(d) of such title.