[Congressional Record Volume 154, Number 102 (Thursday, June 19, 2008)]
[Senate]
[Pages S5837-S5838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURR (for himself, Mr. Wicker, Mr. Craig, and Mr. Vitter):
  S. 3167. 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; to the Committee on Veterans' Affairs.
  Mr. BURR. Mr. President, I rise today to introduce legislation that 
would end an arbitrary process through which our own Government takes 
away the Second Amendment rights of American veterans.
  As most of my colleagues know, the Brady Handgun Violence Prevention 
Act prohibits the sale of firearms to those who have been ``adjudicated 
as a mental defective.''
  The Government maintains a database on these individuals called the 
National Instant Criminal Background Check System, or ``NICS.'' The 
Brady Law and the NICS database aims to prevent those who may pose a 
danger to society or themselves from purchasing a firearm.
  Gun shop owners use NICS to screen customers before selling a 
firearm. Needless to say, it is a serious matter to have one's name on 
the NICS. Every American should expect a rigorous and fair process 
before their right to bear arms is taken away.
  Unfortunately, when it comes to certain veterans, surviving spouses, 
and children, the process is neither rigorous nor fair.
  Since 1999, VA has sent the names of 116,000 of its beneficiaries to 
the FBI for inclusion on the NICS.
  None of these names were sent to the FBI because they were determined 
to be a danger to themselves or others. They were listed in NICS 
because they could not manage their financial affairs. We should not 
take away a Constitutional right because someone can't balance a 
checkbook or pay their bills on time.
  This practice is arbitrary, unfair, and applies a double standard.
  VA's review process for assigning a fiduciary is meant to determine 
one's financial responsibility in managing VA-provided disability 
compensation, pension, and other benefits. For example, a veteran may 
be assigned a fiduciary if they have credit problems.
  The VA focuses on whether or not benefits paid by VA will be spent in 
the manner in which they were intended. Nothing involved with VA's 
appointment of a fiduciary even gets at the question of whether an 
individual is a danger to themselves or others, or whether the person 
should own a firearm.
  Yet that is exactly what happens if VA appoints a fiduciary. Over 
116,000 individuals have been listed in NICS since 1999 because they 
were appointed a fiduciary. This includes veterans, surviving spouses, 
and even children.
  This process is not only arbitrary, it is unfair. Taking away a 
Constitutional right is a serious action and veterans should be 
afforded due process under the law. At the very least, we should expect 
such decisions to be made by a competent judicial authority and not by 
civilian government employees.
  The current practice is also a double standard. Only VA beneficiaries 
fall under these guidelines. The Social Security Administration assigns 
fiduciaries to help beneficiaries, yet the Social Security 
Administration does not send their names to the NICS.
  Why are we singling out those who fought for this country and those 
who sacrificed while their spouse or parent served?

[[Page S5838]]

  My legislation would end this arbitrary and unfair practice that 
strips the finest men and women of this country of their right to bear 
arms. This legislation would require a judicial authority to determine 
that an individual is a danger to themselves or others before their 
Second Amendment rights are taken away.
  I am not here to ask that we put guns in the hands of dangerous 
people. I am here to ask that we treat our veterans fairly and we take 
the rights of our veterans seriously.
  No matter where my colleagues fall on the gun issue, I hope we can 
all agree that we need a process that is consistent and fair. Our 
veterans took an oath to uphold the Constitution. They deserve to enjoy 
the rights they fought so hard to protect.
                                 ______