Last week, Kentucky Sen. Rand Paul introduced a bill to protect seniors and veterans who are at risk of losing their Second Amendment rights because they need help and/or assistance with their finances.
Known as the “Protecting Gun Rights and Due Process Act,” the bill would ensure that one’s due process rights are upheld in the event that the government attempts to take away their right to keep and bear arms.
“The Obama administration is at it again, and this time they are unilaterally stripping gun rights from our nation’s veterans and seniors. The Protecting Gun Rights and Due Process Act will provide necessary protection for gun-owning Americans, and ultimately ensure that the Second Amendment is not infringed upon,” Sen. Paul said.
Under an Obama administration executive action, veterans and social security recipients who have who have a representative payee to handle their finances may have their personal information sent from the Veterans Administration and Social Security Administration to the National Instant Criminal Background Check System (NICS) under the pretense that they are a prohibited person.
But that’s not necessarily the case. Just because one does not manage one’s finances, does not mean that one is a mental defective, which is what the Obama administration is assuming with its sweeping executive action.
Paul’s bill would see that before their rights are denied, they have their day in court.
“Senator Paul’s ‘Protecting Gun Rights and Due Process Act’ will do much to block President Obama’s ability to strip the Second Amendment rights from law-abiding gun owners, veterans, and senior citizens without due process,” aid the National Association of Gun Rights.
“Furthermore, it would restore rights for thousands of law-abiding gun owners, veterans, and senior citizens who were stripped of their Second Amendment rights without getting their day in court,” continued the pro-gun organizations. “Once again this bill shows that Senator Paul is one of Washington’s leading advocates for gun owners and the Second Amendment.”
Here are the nuts and bolts of the legislation:
BACKGROUND INFORMATION FOR THE PROTECTING GUN RIGHTS AND DUE PROCESS ACT
- Prohibits the sale or disposition of a firearm or ammunition to an individual that has been adjudicated as mentally incompetent or committed to a psychiatric hospital. Adjudication requires findings by a judicial officer or court and the individual receives notice to participate with counsel.
- Within 90 days, the Secretary of Veterans Affairs must review and remove from NICS any veteran that has not been adjudicated as mentally incompetent. The Attorney General will certify that the removal of names has taken place.
- Prevents the Social Security Administrator from reporting individuals to NICS unless individual has been adjudicated as mentally incompetent. Attorney General will conduct a yearly review to certify reported names have necessary documentation.
- Attorney General must certify a state’s report indicating a person had been adjudicated as mentally incompetent prior to inclusion to NICS.
- All individuals considered to no longer be adjudicated as mentally incompetent will be notified and have their rights restored.