Veterans 2nd Amendment Protection Act

Veterans 2nd Amendment Protection Act - Prohibits, in any case arising out of the administration of laws and benefits by the Secretary of Veterans Affairs, considering any person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms 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.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2547 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2547

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

                              May 21, 2009

  Mr. Moran of Kansas (for himself and Mr. Rodriguez) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 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 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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