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 January 28, 2015

News: Panel will propose new military retirement system - The long-awaited report on military compensation set to drop Thursday will propose fundamental changes to military retirement and health care benefits, according to several people familiar with the report. Source: DOD to request $585 billion for fiscal 2016 - The Department of Defense is preparing to submit a...
 
 

News Briefs January 28, 2015

Defense contractor to pay $2 million to settle claims A Northern California defense contractor will pay the federal government $2 million to settle claims about its manufacturing of parts for remote-controlled aircraft. The U.S. Attorney’s Office in Sacramento says Sacramento-based Composite Engineering Inc. agreed to pay the money to end allegations that it artificially inflated...
 
 
Navy photograph

USS Roosevelt marks 200,000 trap

Navy photograph An F/A-18F Super Hornet flown by Capt. Daniel Grieco, commanding officer of the aircraft carrier USS Theodore Roosevelt (CVN 71), and Capt. Benjamin Hewlett, deputy commander of Carrier Air Wing (CVW) 1, complet...
 

 
Navy photograph by PO1 William Larned

USS California returns from maiden deployment

Navy photograph by PO1 William Larned The Virginia-class attack submarine USS California (SSN 781) returns from its maiden deployment to its homeport at Naval Submarine Base New London. Under the command of Cmdr. Shawn Huey, Ca...
 
 
Army photograph

Army proves new watercraft capabilities

Army photograph Marine Corps assets are loaded onto the USNS Sgt. Matej Kocak (T-AK 3005), from an U.S. Army Landing Craft Utility, or LCU, USAV Port Hudson during port operations, at White Beach Naval Base, Jan. 22, 2015. Sold...
 
 

Orbital stockholders approve merger with ATK’s aerospace, defense groups

Orbital Sciences Corporation announced Jan. 27 that at a special meeting, the company’s stockholders voted overwhelmingly to approve the proposed merger with the Aerospace and Defense Groups of Alliant Techsystems Inc., pursuant to the definitive transaction agreement dated April 28, 2014. Approximately 99 percent of the votes cast at the special meeting voted in favor...
 




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=""> <strike> <strong>