II 112th CONGRESS 1st Session S. 1707 IN THE SENATE OF THE UNITED STATES October 13, 2011 Mr. Burr (for himself, Mr. Webb, Mr. Moran, Mr. Boozman, Mr. Wicker, Ms. Murkowski, Mr. Begich, Mr. Coburn, Mr. Enzi, Mr. Thune, Mr. Cochran, and Mr. Risch) 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 certain persons may be treated as adjudicated mentally incompetent for certain purposes.

1.

Short title

This Act may be cited as the Veterans Second Amendment Protection Act.

2.

Conditions for treatment of certain persons 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:

5511.

Conditions for treatment of certain persons 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 person 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 person is a danger to himself 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 certain persons as adjudicated mentally incompetent for certain purposes. .