[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1181 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1181

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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2017

   Mr. Roe of Tennessee (for himself, Mr. Conaway, and Mr. Wenstrup) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

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                                 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.

    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 CERTAIN PERSONS AS ADJUDICATED 
              MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.

    (a) In General.--Chapter 55 of title 38, United States Code, is 
amended by inserting after section 5501A the following new section:
``Sec. 5501B. Conditions for treatment of certain persons as 
              adjudicated mentally incompetent for certain purposes
    ``Notwithstanding any determination made by the Secretary under 
section 5501A of this title, 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 inserting after the item 
relating to section 5501A the following new item:

``5501B. Conditions for treatment of certain persons as adjudicated 
                            mentally incompetent for certain 
                            purposes.''.
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