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.


 
 

 

News Briefs February 27, 2015

Ukraine will start pulling back heavy weapons in the east Ukraine’s military says it will start pulling back its heavy weapons from the front line with Russian-backed separatists as required under a cease-fire agreement. The Defense Ministry said in a statement Feb. 26 that it reserved the right to revise its withdrawal plans in the...
 
 

Northrop Grumman’s AstroMesh reflector successfully deploys for NASA’s SMAP satellite

The NASA Jet Propulsion Laboratory successfully deployed the mesh reflector and boom aboard the Soil Moisture Active Passive spacecraft, a key milestone on its mission to provide global measurements of soil moisture. Launched Jan. 31, SMAP represents the future of Earth Science by helping researchers better understand our planet. SMAP’s unmatched data capabilities are enabled...
 
 
NASA photograph by Brian Tietz

NASA offers space tech grants to early career university faculty

NASA photograph by Brian Tietz Tensegrity research is able to simulate multiple forms of locomotion. In this image, a prototype tensegrity robot reproduces forward crawling motion. NASA’s Space Technology Mission Director...
 

 
navy-china

USS Fort Worth conducts CUES with Chinese Navy

The littoral combat ship USS Fort Worth (LCS 3) practiced the Code for Unplanned Encounters at Sea (CUES) with the People’s Liberation Army-Navy Jiangkai II frigate Hengshui (FFG 572) Feb. 23 enhancing the professional ma...
 
 

AEGIS tracks, simulates engagement of three short-range ballistic missiles

The Missile Defense Agency and sailors aboard the guided-missile destroyers USS Carney (DDG 64), USS Gonzalez (DDG 66), and USS Barry (DDG 52) successfully completed a flight test involving the Aegis Ballistic Missile Defense weapon system. At approximately 2:30 a.m., EST, Feb. 26, three short-range ballistic missile targets were launched near simultaneously from NASA’s Wallops...
 
 

DOD seeks novel ideas to shape its technological future

The Defense Department is seeking novel ideas to shape its future, and officials are looking to industry, small business, academia, start-ups, the public – anyone, really – to boost its ability to prevail against adversaries whose access to technology grows daily. The program, called the Long-Range Research and Development Plan, or LRRDP, began with an...
 




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>