Re: CRS Gun Control Legislation
Hmmm, another reason I don't like the NRA.
Their actions show that they want to disarm vets, good job NRA.
The NRA comes up in several locations in this report and all I have to say is that you will know them by their deeds.
Mental Defective Adjudications
Under 27 C.F.R. § 478.11, the term “adjudicated as a mental defective” includes a determination
by a court, board, commission, or other lawful authority that a person, as a result of marked
subnormal intelligence or a mental illness, incompetency, condition, or disease, (1) is a danger to
himself or others, or (2) lacks the mental capacity to manage his own affairs. The term also
includes (1) a finding of insanity by a court in a criminal case and (2) those persons found
incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant
to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. §§ 850a, 876(b).
This definition of “mental defective” was promulgated by the ATF in a final rule published on
June 27, 1997.164 In the final rule, the ATF noted that the VA had commented on the “proposed
rulemaking” and had correctly interpreted that “adjudicated as a mental defective” includes a
person who is found to be “mentally incompetent” by the Veterans’ Benefit Administration
(VBA). Under veterans law, an individual is considered “mentally incompetent” if he or she lacks
the mental capacity to contract or manage his or her own affairs for reasons related to injury or
disease (under 38 CFR § 3.353).165 In a proposed rulemaking, the ATF opined that the inclusion
of “mentally incompetent” in the definition of “mental defective” was wholly consistent with the
legislative history of the 1968 Gun Control Act.166 Reportedly, the VA could have been the only
federal agency that had promulgated a definition like “mentally incompetent” that overlapped
with the term “mental defective.”167
VA Referrals to the FBI
In November 1998, the VBA provided the FBI with disqualifying records on 88,898 VA
beneficiaries, whom VA rating specialists had determined to be “mentally incompetent” based on medical evidence that they were incapable of managing their own affairs.168 Thus, a fiduciary (or
designated payee) was appointed for them. During the determination process, beneficiaries were
notified that the VA was proposing to rate them “mentally incompetent,” and they were able to
submit evidence to the contrary if they wished.169 This determination process is still followed
today at the VA.170
The Veterans’ Medical Administration has not submitted any disqualifying records on VA
beneficiaries to the FBI for inclusion in NICS for any medical/psychiatric reason (like PTSD),
unless those veterans had been involuntarily committed under a state court order to a VA medical
facility because they posed a danger to themselves or others. In those cases, the state in which the
court resides would submit the disqualifying record to the FBI, if such a submission would be
appropriate and permissible under state law.171
Nevertheless, the decision by the VA to submit VBA records on “mentally incompetent” veterans
to the FBI for inclusion in the NICS mental defective file generated some degree of controversy
in 1999 and 2000.172 Critics of this policy underscored that veterans routinely consented to
“mentally incompetent” determinations so that a fiduciary (designated payee) could be appointed
for them. Those critics contended that to take away a veteran’s Second Amendment rights without
his foreknowledge was improper. They also pointed out that no other federal agencies were
providing similar disqualifying records to the FBI. This controversy subsided, but it re-emerged
when Congress considered the NICS improvement amendments (described above). Also, as of
April 30, 2008, VA records made up about one-fifth (or 21.0%) of the 552,800 federal and state
records in the NICS mental defective file.
"But the simple truth--born of experience--is that tyranny thrives best where government need not fear the wrath of an armed people."
Judge Alex Kozinski - United States Court of Appeals for the Ninth Circuit
It is the duty of the patriot to protect his country from its government.
- Thomas Paine
Did you read todays GOOD