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RUMOR CONTROL: THERE IS NO SUCH THING AS THE

"VETERANS DISARMAMENT ACT" -- Misinformation

abounds regarding H.R. 2640, the NICS

Improvement Amendments Act of 2007.

 

 

Story below:

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One of the good things about the Internet is that so much information is available to so many.

One of the bad things about the Internet is that anyone can write anything...and there's always going to be someone who will accept it as truth.

Currently, we have that problem.

An article currently appearing on many web sites and blogs speaks of the "Veterans Disarmament Act" and goes on to indicate that veterans with PTSD will have firearms taken away or will not be able to buy firearms (different variations of the article are floating around).

There is no such thing as the "Veterans Disarmament Act."  It is a name someone made up.

The bill, if passed, would not take away any firearms nor would it prevent veterans with PTSD from obtaining firearms.

In fact, the bill, if passed, could actually help many veterans who might be on the "no buy" firearms list get off it.

The legislation referred to is H.R. 2640, the NICS
Improvement Amendments Act of 2007.  You can find the full legislation on Thomas by typing in the bill number...do that here...
 http://thomas.loc.gov/

In 2000, the VA gave the names of 83,000 vets to the NICS (National Instant Criminal Background Check System) database.  Some sources say this number is 89,000, or even higher.

The names were of veterans who, in theory, had been admitted to VA psychiatric units.  Some claim these names were of vets who were involuntarily admitted...others say it included all admissions.  We don't know for sure, but I suspect it was all admissions.

According to federal regulations, firearms and ammo cannot be sold to anyone who "has been adjudicated as a mental defective or has been committed to any mental institution."  This is just one of nine categories of persons prevented from buying firearms or ammo...complete list is here... http://www4.law
.cornell.edu/uscode/html/uscode18/us
c_sec_18_00000922----000-.html

"Any mental institution" would, obviously, include a VA hospital mental ward.  And, the government's definition of a "mental defective" is:  “A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease: (1) Is a danger to himself or to others; or (2) Lacks the mental capacity to contract or manage his own affairs. The term shall include a finding of insanity by a court in a criminal case.”

One of the problems with the 2000 data dump was that there was no way to get off this list.

But, H.R. 2640 is trying to resolve that situation.  The NRA, working with Democratic lawmakers, has come up with some unique solutions.  Read previous article about this here...
http://www.vawatchdog.org/07/
nf07/nfJUN07/nf061107-3.htm

Now, take a look at the above-mentioned provisions in the bill...

 

(1) IN GENERAL- No department or agency of the Federal Government may provide to the Attorney General any record of an adjudication or determination related to the mental health of a person, or any commitment of a person to a mental institution if--

(A) the adjudication, determination, or commitment, respectively, has been set aside or expunged, or the person has otherwise been fully released or discharged from all mandatory treatment, supervision, or monitoring;

(B) the person has been found by a court, board, commission, or other lawful authority to no longer suffer from the mental health condition that was the basis of the adjudication, determination, or commitment, respectively, or has otherwise been found to be rehabilitated through any procedure available under law; or

(C) the adjudication, determination, or commitment, respectively, is based solely on a medical finding of disability, without a finding that the person is a danger to himself or to others or that the person lacks the mental capacity to manage his own affairs.

 

Note that a person cannot be put on the NCIS list solely for a "medical finding or disability."  This would mean PTSD patients who have not been committed.

The bill would also require government agencies and states to update the information quarterly so that anyone who doesn't fall under the federal regulations would be removed from the list.

Also, the government must provide a means for a person to take their name off the NICS list if they should no longer be on it.  That provision reads:

 

(A) PROGRAM FOR RELIEF FROM DISABILITIES- Each department or agency of the United States that makes any adjudication or determination related to the mental health of a person or imposes any commitment to a mental institution, as described in subsection (d)(4) and (g)(4) of section 922 of title 18, United States Code, shall establish a program that permits such a person to apply for relief from the disabilities imposed by such subsections. Relief and judicial review shall be available according to the standards prescribed in section 925(c) of title 18, United States Code.

 

H.R. 2640, as you can see, is NOT a "Veterans Disarmament Act" nor will it adversely affect veterans with a diagnosis of PTSD.

For those who believe in no controls on firearms purchases, H.R. 2640 goes too far.

For those who believe in strict gun control, H.R. 2640 doesn't go far enough.

You'll have to make up your own mind on this legislation.  Just remember, it is NOT the "Veterans Disarmament Act."

 

For more about veterans and guns, use the VA Watchdog search engine...click here...
http://www.yourvabenefits.org/ses
search.php?q=gun+guns&op=or

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Larry Scott  --