[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3167 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3167

To amend title 38, United States Code, to clarify the conditions under 
  which veterans, their surviving spouses, and their children may be 
   treated as adjudicated mentally incompetent for certain purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2008

     Mr. Burr (for himself, Mr. Wicker, Mr. Craig, and Mr. Vitter) 
introduced the following bill; which was read twice and referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to clarify the conditions under 
  which veterans, their surviving spouses, and their children may be 
   treated as adjudicated mentally incompetent for certain purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans 2nd Amendment Protection 
Act''.

SEC. 2. CONDITIONS FOR TREATMENT OF VETERANS, THEIR SURVIVING SPOUSES, 
              AND THEIR CHILDREN AS ADJUDICATED MENTALLY INCOMPETENT 
              FOR CERTAIN PURPOSES.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5511. Conditions for treatment of veterans, surviving spouses, 
              and children as adjudicated mentally incompetent for 
              certain purposes
    ``In any case arising out of the administration by the Secretary of 
laws and benefits under this title, a veteran, surviving spouse, or 
child who is mentally incapacitated, deemed mentally incompetent, or 
experiencing an extended loss of consciousness shall not be considered 
adjudicated as a mental defective under subsection (d)(4) or (g)(4) of 
section 922 of title 18 without the order or finding of a judge, 
magistrate, or other judicial authority of competent jurisdiction that 
such veteran, surviving spouse, or child is a danger to him- or herself 
or others.''.
    (b) Clerical Amendment.--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 veterans, their surviving spouses, 
                            and their children as adjudicated mentally 
                            incompetent for certain purposes.''.
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