Sec. 3. Protecting the second amendment rights of veterans
575 words·~3 min read·
/bill/118/hr/1258/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term covered veteran means a person who, on the day before the date of enactment of this Act, is considered to have been adjudicated as mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of having been found by the Secretary of Veterans Affairs to be mentally incompetent. The Secretary of Veterans Affairs shall not later than 90 days after the date of enactment of this Act, conduct a review relating to each covered veteran to determine whether the proceedings for the adjudication or commitment of the covered veteran were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(38) of title 18, United States Code (as added by this Act).
The Secretary of Veterans Affairs shall certify that the proceedings under paragraph
(1)were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(38) of title 18, United States Code (as added by this Act), ensure that the records of the covered veteran used for purposes of any determination of whether the covered veteran is disqualified from possessing or receiving a firearm under subsection
(g)or
(n)of section 922 of title 18, United States Code, are modified to indicate that the covered veteran has not been adjudicated mentally incompetent or committed to a psychiatric hospital. Not later than January 1 of each year, the Attorney General shall— review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital by the Secretary of Veterans Affairs under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of having been found by the Secretary of Veterans Affairs to be mentally incompetent; identify each record reviewed under subparagraph
(A)that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with, and resulted in an order or finding described in section 921(a)(38) of title 18, United States Code, as added by this Act; and submit to the Secretary of the Treasury and the Committee on the Judiciary and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on the Judiciary and the Committee on Veterans’ Affairs of the Senate a report providing the number of records identified under subparagraph
(B)in the previous year. Effective on the date on which the Attorney General submits a report under paragraph (1)(C), there is rescinded from the unobligated balances in the appropriations account appropriated under the heading under the heading general administration under the heading Departmental Administration the amount equal to the product of— Department of Veterans Affairs the number of records that the report states were identified by the Attorney General under paragraph (1)(B); and $10,000. Chapter 55 of title 38, United States Code, is amended by adding at the end the following: No determination by the Secretary that benefits under this title to which an individual is entitled shall be paid to a fiduciary shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections (d)(4) and (g)(4) of section 922 of title 18. . The table of sections for chapter 55 of title 38, United States Code, is amended by adding at the end the following: 5511. Use of determinations. .