U.S.

December 5, 2012

Veterans’ gun rights sticky issue in defense bill

Should veterans deemed too mentally incompetent to handle their own financial affairs be prevented from buying a gun?

The issue, for a time last week, threatened to become the biggest sticking point in a $631 billion defense bill for reshaping a military that is disengaging from a decade of warfare.

Sen. Tom Coburn, R-Okla., sought to amend the bill to stop the Veterans Affairs Department from putting the names of veterans deemed too mentally incompetent to handle their finances into the National Instant Criminal Background Check System, which prohibits them from buying or owning firearms.

Sen. Charles Schumer, D-N.Y., objected, saying the measure would make it easier for veterans with mental illness to own a gun, endangering themselves and others.

“I love our veterans, I vote for them all the time. They defend us,” Schumer said. “If you are a veteran or not and you have been judged to be mentally infirm, you should not have a gun.”

Currently, the VA appoints fiduciaries, often family members, to manage the pensions and disability benefits of veterans who are declared incompetent. When that happens, the department automatically enters the veteran’s name in the Criminal Background Check System.

A core group of lawmakers led by Sen. Richard Burr, R-N.C., has for several years wanted to prohibit the VA from submitting those names to the gun-check registry unless a judge or magistrate deems the veteran to be a danger. This year’s version of the bill has 21 co-sponsors. It passed the Senate Veterans’ Affairs Committee by voice vote, a tactic generally reserved for noncontroversial legislation. Coburn’s amendment to the defense bill contained comparable language.

“All I am saying is, let them at least have their day in court if you are going to take away a fundamental right given under the Constitution,” Coburn said in the Senate debate Nov. 29.

Congressional aides said Coburn will likely drop his effort to amend the defense bill with his proposal, but that he intends to try again on other bills coming to the Senate floor.

The number of veterans directly affected by the VA’s policy doesn’t appear to very large. Only 185 out of some 127,000 veterans added to the gun-check registry since 1998 have sought to have their names taken off, according to data that the VA shared with lawmakers during a hearing last June.

Still, the legislation over the years has attracted strong support from the National Rifle Association and various advocacy groups for veterans.

“We consider it an abject tragedy that so many of our veterans return home, after risking life and limb to defend our freedom, only to be stripped of their Second Amendment rights because they need help managing their compensation,” Chris Cox, the NRA’s chief lobbyist, wrote last year in an editorial.

The NRA did not respond to queries from the AP about Coburn’s latest effort.

Dan Gross, president of the Brady Center to Prevent Gun Violence, said gun control advocates consider the VA’s current policy reasonable.

“We’re talking about people who have some form of disability to the extent that they’re unable to manage their own affairs,” Gross said. “If you’re deemed unable to handle your own affairs, that’s likely to constitute a high percentage of people who are dangerously mentally ill.”

Tom Tarantino, chief policy officer for Iraq and Afghanistan Veterans of America, said veterans with a traumatic brain injury or post-traumatic stress disorder but who pose no threat to others are possibly being barred from gun ownership. The current restrictions might even be a disincentive for veterans to seek needed treatment, he said.

“We want to remove these stigmas for mental health treatment. It’s a combat injury,” Tarantino said. “They wouldn’t be doing this if you were missing your right hand, so they shouldn’t be doing it if you’re seeking treatment for post-traumatic-stress-disorder or traumatic brain injury.”

VA officials have told lawmakers they believe veterans deemed incompetent already have adequate protections.

For example, they said, veterans can appeal the finding of incompetency based on new evidence. And even if the VA maintains a veteran is incompetent, he can petition the agency to have his firearm rights restored on the basis of not posing a threat to public safety.

 




All of this week's top headlines to your email every Friday.


 
 

 

Headlines June 29, 2015

News: SpaceX Falcon 9 explodes moments after launch – A SpaceX rocket carrying supplies to the International Space Station blew up June 28 shortly after liftoff.   Business: How serious a setback is SpaceX rocket explosion? – Elon Musk had never come face to face with that rule before — at least not in space travel —...
 
 

News Briefs June 29, 2015

Iraqi pilot in Arizona plane crash found dead Officials say the body of an Iraqi pilot who had been training in the United States and crashed in southern Arizona has been located. Iraq’s Defense Ministry said June 26 that search teams found the body of Brig. Gen. Rasid Mohammed Sadeeq at the crash site five...
 
 
Huntington Ingalls Industries photograph

PCU John Warner delivered to Navy

Huntington Ingalls Industries photograph A dolphin jumps in front of the Virginia-class attack submarine Pre-Commissioning Unit (PCU) John Warner (SSN 785) as the boat conducts sea trials in the Atlantic Ocean. The U.S. Navy ac...
 

 
navair-helo

HX-21 completes first flight with developmental electronic warfare pod

On June 8, 2015, a UH-1Y from Air Test and Evaluation Squadron (HX) 21 completed the first test flight with a developmental electronic warfare pod.  The pod would represent a new tactical capability for U.S. Marine Corps rotar...
 
 

Northrop, Navy celebrate legacy of EA-6B Prowler

Northrop Grumman photograph by Edgar Mills The U.S. Navy’s last operational EA-6B Prowler, designed and built by Northrop Grumman, lifts off from Naval Air Station Whidbey Island, Wash. in a ceremonial fly-away June 27 from its long time operational base. The Navy is retiring the Prowler after nearly 45 years of service.   The U.S....
 
 
Air Force photograph by Capt. Tania Bryan

NORTHERN EDGE provides environment for testing new capabilities

Air Force photograph by Capt. Tania Bryan Aircraft from test and evaluation squadrons across the Air Force line up on the Joint Base Elmendorf-Richardson flightline. Northern Edge is Alaska’s premier joint training exercise d...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>