To amend chapter 44 of title 18, United States Code, to require a court adjudication before certain veterans may be denied the right to possess a firearm, and for other purposes.

Amends the federal criminal code to require an adjudication by a federal or state court before a veteran with an honorable discharge can be prohibited from owning or possessing a firearm based upon a determination that such veteran is mentally defective or has been committed to a mental institution.

[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5865 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5865

To amend chapter 44 of title 18, United States Code, to require a court 
adjudication before certain veterans may be denied the right to possess 
                   a firearm, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2008

  Mr. Goode (for himself and Mrs. Musgrave) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend chapter 44 of title 18, United States Code, to require a court 
adjudication before certain veterans may be denied the right to possess 
                   a firearm, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COURT ADJUDICATION OF CERTAIN VETERANS BEFORE DENIAL OF 
              FIREARM RIGHTS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d), by adding at the end the following: 
        ``For purposes of paragraph (4), a veteran discharged from 
        active duty in the Armed Forces with an honorable discharge 
        shall not be considered to have been adjudicated unless the 
        adjudication was made by a court created by an Act of Congress 
        or by a State court.''; and
            (2) in subsection (g), by adding at the end the following: 
        ``For purposes of paragraph (4), a veteran discharged from 
        active duty in the Armed Forces with an honorable discharge 
        shall not be considered to have been adjudicated unless the 
        adjudication was made by a court created by an Act of Congress 
        or by a State court.''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall apply to conduct occurring on 
or after January 1, 2009.
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