Sec. 304. Protecting the second amendment rights of veterans
385 words·~2 min read·
/bill/114/hr/3722/ih/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 55 of title 38, United States Code, is amended by adding at the end the following: Not later than 90 days after the date of enactment of the Mental Health and Safe Communities Act of 2015 , the Secretary shall provide written notice in accordance with subsection
(b)of the opportunity for administrative review under subsection
(c)to all persons who, on the date of enactment of the Mental Health and Safe Communities Act of 2015 , are considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18 as a result of having been found by the Department to be mentally incompetent. The Secretary shall provide notice under this section to a person described in subsection
(a)that notifies the person of— the determination made by the Secretary; a description of the implications of being considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18; and the right of the person 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 in accordance with subsection (b), such person may request a review by the board designed or established under paragraph
(2)or by a court of competent jurisdiction to assess whether the person is a danger to himself or herself or to others. In such assessment, the board may consider the person’s honorable discharge or decorations. Not later than 180 days after the date of enactment of the Mental Health and Safe Communities Act of 2015 , the Secretary shall designate or establish a board that shall, upon request of a person under paragraph (1), assess whether the person is a danger to himself or herself or to others. A person may file a petition with a Federal court of competent jurisdiction for judicial review of an assessment of the person under subsection
(c)by the board designated or established under subsection (c)(2). . The table of sections for chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes. .