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H.R. 1181 (115th): Veterans 2nd Amendment Protection Act


The text of the bill below is as of Mar 10, 2017 (Reported by House Committee).

Summary of this bill

Source: Republican Policy Committee

H.R. 1181 prohibits the Secretary of Veterans Affairs from sending the name of an individual to the Federal Bureau of Investigation for inclusion on the National Instant Criminal Background Check System, unless there has been a specific determination by a judge, magistrate, or other judiciary authority that such individual is a danger to themselves or others.


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Union Calendar No. 15

115th CONGRESS

1st Session

H. R. 1181

[Report No. 115–33]

IN THE HOUSE OF REPRESENTATIVES

February 16, 2017

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

March 10, 2017

Additional sponsors: Mr. Dunn, Mr. Bilirakis, and Mr. Sessions

March 10, 2017

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


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 2nd 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 inserting after section 5501A the following new section:

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.

.

March 10, 2017

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed