Should a Judge be Responsible for Barring Veterans With Mental Issues From Possessing Guns Instead of the VA? (H.R. 1181)

What is H.R. 1181?

(Updated December 16, 2019)

This bill would prohibit the Dept. of Veterans Affairs (VA) from considering a veteran or beneficiary as “mentally defective” and banning them from purchasing a gun without a magistrate or judicial authority ruling that they are a danger to themselves or others. Veterans and beneficiaries are added to the “mentally defective” list if they become mentally incapacitated, are deemed mentally incompetent, or experienced an extended loss of consciousness.

Under current law, if a veteran or beneficiary is labelled as mentally incompetent in the VA’s system and has been appointed a fiduciary to look after their legal affairs, the VA automatically sends the veteran’s name to the National Criminal Background Check System (NICS). Being included in the NICS bars a person from buying or owning a firearm. While they can appeal the firearms prohibition, the VA handles the appeal rather than a judicial authority.

Argument in favor

Veterans shouldn’t be denied their constitutional right to bear arms simply because they use a fiduciary to handle their affairs a VA bureaucrat has classified them as “mentally defective.” This bill would give them due process through the judicial system and prevent bureaucratic overreach.

Argument opposed

The Dept. of Veterans Affairs has all the information it needs at its disposal to determine whether a veteran or beneficiary is a danger to themselves or others, and should be responsible for blocking those who are a danger to themselves or others from buying guns.

Impact

Veterans and VA beneficiaries declared “mentally defective” by the VA; gun sellers; NICS; magistrate judges; and the VA.

Cost of H.R. 1181

The CBO estimates that enacting this bill would have no significant budgetary effect.

Additional Info

In-Depth: Sponsoring Rep. Phil Roe (R-TN) introduced this bill to prohibit the VA from classifying a veteran or beneficiary who is assisted by a fiduciary from being classified as “mentally defective” and barred from possessing a firearm. In a press release, Roe explained that:

“The freedoms granted by the Constitution should apply to all Americans — especially the men and women who have been willing to risk their lives to protect those freedoms. This commonsense bill would ensure no veteran or beneficiary is declared ‘mentally defective’ simply because they utilize a fiduciary.”

Democrats on the House Veterans’ Affairs Committee agreed that “the current practice of information sharing between the VA and NICS may be over inclusive” but expressed that they have “serious concerns” that the bill will make it “easier, not harder” for veterans in crisis to get a gun.

This legislation has the support of five cosponsors in the House, all of whom are Republicans. No committee votes were taken on this bill.

Media:

• House Veterans Affairs Committee Press Release
  
• CBO Cost Estimate
  
• Military Veterans Association of Real Estate Professionals
  
• National Rifle Association (In Favor)