,,ii #aadth ,,congress #b;d ,session ,s4 #bhjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ad1 #bjaf ,mr4 ,paul introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide adequate protections for gun owners4 #a4 ,short title ,this ,act may be cited as the ,protecting ,gun ,rights and ,due ,process ,act4 #b4 ,definitions relating to mental health 7a7 ,title #ah definitions ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #iba7;a71 by adding at the end the following3 7#cf7 7,a7 ,subject to subparagraph 7,b71 the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital1 with respect to a person-- 7i7 means the person is the subject of an order or finding by a judicial officer or court-- 7,i7 that was issued after a hearing-- 7aa7 of which the person received actual notice2 and 7bb7 at which the person had an opportunity to participate with counsel2 and 7,,ii7 that found that the person1 as a result of marked subnormal intelligence1 mental impairment1 mental illness1 incompetency1 condition1 or disease-- 7aa7 was guilty but mentally ill in a criminal case1 in a jurisdiction that provides for such a verdict2 7bb7 was not guilty in a criminal case by reason of insanity or mental disease or defect2 7cc7 was incompetent to stand trial in a criminal case2 or 7dd7 was not guilty by reason of lack of mental responsibility under section #hej;a of title #aj 7article #ej;a of the ,uniform ,code of ,military ,justice72 and 7ii7 does not include-- 7,i7 an admission to a psychiatric hospital for observation2 or 7,,ii7 a voluntary admission to a psychiatric hospital4 7,b7 ,in this paragraph1 the term order or finding does not include-- 7i7 an order or finding that has expired or has been set aside or expunged2 7ii7 an order or finding that is no longer applicable because a judicial officer or court has found that the person who is the subject of the order or finding-- 7,i7 does not present a danger to himself or herself or to others2 7,,ii7 has been restored to sanity or cured of mental disease or defect2 7,,iii7 has been restored to competency2 or 7,,iv7 no longer requires involuntary inpatient or outpatient treatment by a psychiatric hospital2 or 7iii7 an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section #ibe7;c71 under a program described in section #aja7;c77#b77;,a7 or #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note71 or under any other ,state-authorized relief from disabilities program of the ,state in which the original commitment or adjudication occurred4 7#cg7 ,the term psychiatric hospital includes a mental health facility1 a mental hospital1 a sanitarium1 or a psychiatric facility1 including a psychiatric ward in a general hospital4 2 and 7#b7 in section #ibb-- 7,a7 in subsection 7d77#d7-- 7i7 by striking as a mental defective and inserting mentally incompetent2 and 7ii7 by striking any mental institution and inserting a psychiatric hospital2 and 7,b7 in subsection 7g77#d7-- 7i7 by striking as a mental defective or who has and inserting mentally incompetent or has2 and 7ii7 by striking mental institution and inserting psychiatric hospital4 7b7 ,technical and conforming amendments ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking as a mental defective each place that term appears and inserting mentally incompetent2 7#b7 by striking mental institution each place that term appears and inserting psychiatric hospital2 7#c7 in section #aja7;c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7ii7 in subparagraph 7,b71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7#d7 in section #ajb7;c77#c7-- 7,a7 in the paragraph heading1 by striking as a mental defective or committed to a mental institution and inserting as mentally incompetent or committed to a mental institution2 and 7,b7 by striking mental institutions and inserting psychiatric hospitals4 #c4 ,protecting the second amendment rights of veterans 7a7 ,definition ,in this section1 the term covered veteran means a person who1 on the day before the date of enactment of this ,act1 is considered to have been adjudicated as a mental defective or committed to a mental institution under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 as a result of having been found by the ,department of ,veterans ,affairs to be mentally incompetent4 7b7 ,review ,the ,secretary of ,veterans ,affairs shall-- 7#a7 not later than #ij days after the date of enactment of this ,act1 conduct a review relating to each covered veteran to determine whether the proceedings for the adjudication or commitment of the covered veteran were conducted in accordance with1 and resulted in an order or finding described in1 section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by this ,act2 and 7#b7 unless the ,secretary certifies that the proceedings were conducted in accordance with1 and resulted in an order or finding described in1 section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by this ,act1 ensure that the records of the covered veteran used for purposes of any determination of whether the covered veteran is disqualified from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 are modified to indicate that the covered veteran has not been adjudicated mentally incompetent or committed to a psychiatric hospital4 7c7 ,enforcement 7#a7 ,identification of inaccurate records ,not later than ,january #a of each year1 the ,attorney ,general shall-- 7,a7 review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 as a result of having been found by the ,department of ,veterans ,affairs to be mentally incompetent2 7,b7 identify each such record that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with1 and resulted in an order or finding described in1 section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by this ,act2 and 7,c7 submit to the ,secretary of the ,treasury and ,congress a report providing the number of records identified under subparagraph 7,b74 7#b7 ,rescission ,effective on the date on which the ,attorney ,general submits a report under paragraph 7#a77;,c71 there is rescinded from the unobligated balances in the appropriations account appropriated under the heading general administration under the heading ,departmental ,administration under the heading ,department of ,veterans ,affairs the amount equal to the product of-- 7,a7 the number of records that the report states were identified by the ,attorney ,general under paragraph 7#a77;,b72 and 7,b7 #aj1jjj4 7d7 ,appointment of fiduciaries 7#a7 ,in general ,chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,use of determinations to appoint fiduciaries ,no determination by the ,secretary that benefits under this title to which an individual is entitled shall be paid to a fiduciary shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections 7d77#d7 and 7g77#d7 of section #ibb of title #ah4 4 7#b7 ,clerical amendment ,the table of sections for chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,use of determinations to appoint fiduciaries4 4 #d4 ,use of determinations made by the ,commissioner of ,social ,security 7a7 ,title ,,ii ,section #bje7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77 is amended by adding at the end the following3 7#aa7 ,no determination by the ,commissioner of ,social ,security with respect to an individual1 including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee1 shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections 7d77#d7 and 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code4 4 7b7 ,title ,,xvi ,section #afca7;a77#b7 of such ,act 7#db ,u4,s4,c4 #achc7;a77#b77 is amended by adding at the end the following3 7,j7 ,no determination by the ,commissioner of ,social ,security with respect to an individual1 including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee1 shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsections 7d77#d7 and 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code4 4 7c7 ,enforcement 7#a7 ,identification of inaccurate records ,not later than ,january #a of each year1 the ,attorney ,general shall-- 7,a7 review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 as a result of a determination by the ,commissioner of ,social ,security2 7,b7 identify each such record that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with1 and resulted in an order or finding described in1 section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 as added by this ,act2 and 7,c7 submit to the ,secretary of the ,treasury and ,congress a report providing the number of records identified under subparagraph 7,b74 7#b7 ,rescission 7,a7 ,in general ,effective on the date on which the ,attorney ,general submits a report under paragraph 7#a77;,c71 there is rescinded from the unobligated balances in the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund1 the ,federal ,disability ,insurance ,trust ,fund1 the ,federal ,hospital ,insurance ,trust ,fund1 and the ,federal ,supplementary ,medical ,insurance ,trust ,fund1 on a pro rata basis1 the amount equal to the product of-- 7i7 the number of records that the report states were identified by the ,attorney ,general under paragraph 7#a77;,b72 and 7ii7 #aj1jjj4 7,b7 ,treatment of amounts ,amounts rescinded under subparagraph 7,a7 shall be deemed to have been expended for costs described in section #bja7;g77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dja7;g77#a774 #e4 ,state health reports ,section #ajb7;c77#c7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 ,a report made available by a ,state indicating that a person has been adjudicated as mentally incompetent or committed to a mental institution shall not be used for purposes of any determination of whether a person is disqualified from possessing or receiving a firearm under subsection 7g7 or 7n7 of section #ibb of title #ah1 ,united ,states ,code1 unless the ,attorney ,general determines that the proceedings for the adjudication or commitment were conducted in accordance with1 and resulted in an order or finding described in1 section #iba7;a77#cf7 of title #ah1 ,united ,states ,code1 and that the ,state has provided clear and convincing evidence that the person poses a significant danger44 #f4 ,applicability of amendments ,with respect to any record of a person prohibited from possessing or receiving a firearm under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 before the date of enactment of this ,act1 the ,attorney ,general shall remove such a record from the ,national ,instant ,criminal ,background ,check ,system-- 7#a7 upon being made aware that the person is no longer considered as adjudicated mentally incompetent or committed to a psychiatric hospital according to the criteria under paragraph 7#cf77;,a77i77,,ii7 of section #iba7;a7 of title #ah1 ,united ,states ,code 7as added by this ,act71 and is therefore no longer prohibited from possessing or receiving a firearm2 7#b7 upon being made aware that any order or finding that the record is based on is an order or finding described in paragraph 7#cf77;,b7 of section #iba7;a7 of title #ah1 ,united ,states ,code 7as added by this ,act72 or 7#c7 upon being made aware that the person has been found competent to possess a firearm after an administrative or judicial review under subsection 7c7 or 7d7 of section #eeaa of title #ch1 ,united ,states ,code 7as added by this ,act74