[Congressional Record Volume 155, Number 49 (Monday, March 23, 2009)]
[Senate]
[Pages S3616-S3617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURR (for himself, Mr. Webb, Mr. Graham, Mr. Wicker, Mr. 
        Coburn, Mr. DeMint, Mr. Roberts, Mr. Grassley, Mr. Vitter, Mr. 
        Enzi, Mr. Inhofe, Mr. Ensign, Mr. Crapo, Mr. Cochran, Ms. 
        Murkowski, and Mr. Thune):
  S. 669. 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; to the Committee on 
Veterans' Affairs.
  Mr. BURR. Mr. President, I rise today to again introduce bipartisan 
legislation that would end an arbitrary process through which our own 
government takes away the 2nd Amendment rights of veterans.
  I am pleased to be joined by three of my fellow Veterans' Affairs 
Committee Members on this legislation--Senators Webb, Graham, and 
Wicker--and 12 other members of the Senate, all as original cosponsors.
  The legislation is nearly identical to the bill I introduced last 
Congress under the same title. Unfortunately, after it was approved as 
an amendment at a Committee markup and reported to the full Senate, no 
further action was taken. I am hopeful that things will be different 
this Congress.
  As most of my colleagues know, the Federal Gun Control Act prohibits 
the sale of firearms to certain individuals, including convicted 
felons, fugitives, drug users, illegal aliens, and individuals who have 
been ``adjudicated as a mental defective.''
  The Brady Handgun Violence Prevention Act requires the government to 
maintain a database on these individuals called the National Instant 
Criminal Background Check System, or ``NICS''. The Brady Law and the 
NICS database aim to prevent those who may pose a danger to society or 
themselves from purchasing a firearm.
  Gun shop owners reference the NICS to screen customers. 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, spouses, dependent 
children, and dependent parents, 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.
  VA's review process for assigning a fiduciary is meant to determine 
one's financial responsibility in managing VA-provided cash assistance 
such as disability compensation, pension, and other benefits.
  For example, a veteran may be assigned a fiduciary if they have 
credit problems.
  VA focuses on whether or not benefits paid by VA will be spent in the 
manner for 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.
  Again, this includes veterans, surviving spouses and, strangely 
enough, dependent children. That's right, a child entitled to receive 
survivor's compensation because their mother or father died as a result 
of service has their name sent to a government database filled with 
criminals. Even worse, the child's name stays on this list permanently 
unless he or she petitions to have it taken off.
  This makes no sense. States have age restrictions preventing kids 
from purchasing firearms. VA sending the names of innocent children to 
Government database of criminals just because their parent died as a 
result of service to their country simply makes no sense, and it is 
downright insulting.

[[Page S3617]]

  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 process is also a double standard. Only VA beneficiaries 
fall under these guidelines. The Social Security Administration assigns 
fiduciaries to help beneficiaries, yet it 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?
  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 2nd 
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 that we 
take their rights seriously. Many of our veterans' organizations and 
other groups agree.
  The Veterans 2nd Amendment Protection Act has the support of the The 
American Legion, the Veterans of Foreign Wars of the United States, 
AMVETS, the Military Order of the Purple Heart, the National Alliance 
on Mental Illness, the National Rifle Association, and Gun Owners of 
America.
  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.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 669

       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 adding at the end the following new 
     section:

     ``Sec. 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.''.

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