S. 669

Veterans 2nd Amendment Protection Act

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Contents

II

Calendar No. 78

111th CONGRESS

1st Session

S. 669

[Report No. 111–27]

IN THE SENATE OF THE UNITED STATES

March 23, 2009

Mr. Burr (for himself, Mr. Webb, Mr. Graham, Mr. Wicker, Mr. Coburn, Mr. DeMint, Mr. Roberts, Mr. Grassley, Mr. Vitter, Mr. Enzi, Mr. Inhofe, Mr. Ensign, Mr. Crapo, Mr. Cochran, Ms. Murkowski, and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

June 16, 2009

Reported by Mr. Akaka, without amendment

A BILL

To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.

1.

Short title

This Act may be cited as the Veterans 2nd Amendment Protection Act.

2.

Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

(a)

In general

Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:

5511.

Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes

In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.

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(b)

Clerical amendment

The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:

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June 16, 2009

Reported without amendment