Mr. Speaker, I would like to thank my colleague from Connecticut for yielding me time. Mr. Speaker, I rise today in opposition to H.R. 1181, which has very little, if anything, to do with protecting veterans' Second Amendment rights as the…
Mr. Speaker, I would like to thank my colleague from Connecticut for yielding me time.
Mr. Speaker, I rise today in opposition to H.R. 1181, which has very little, if anything, to do with protecting veterans' Second Amendment rights as the bill's title suggests.
I am a 30-year veteran of the United States Army. I served in Iraq. I have led soldiers in both combat support and combat service support units in the active and reserve components.
Our servicemen and -women face harsh realities in harsh environments--not just in wartime, but in peacetime as well. Military life, Mr. Speaker, is a hard life during war and in peace. It takes a toll on the body and the mind. The number of military members seeking mental and behavioral health services in the last 16 years, as well as the mental health-related incidences involving soldiers and veterans, substantiates my point.
But our soldiers are resilient, and that is no less true when we take off the uniform.
But for many of our veterans, it might take some extra help, some extra time, to recover from that harsh and sometimes traumatic military experience.
As a nation, we must support our veterans in recovering from that experience not only by providing the benefits they deserve, but by protecting their right to enjoy the rights that they have defended.
But, Mr. Speaker, H.R. 1181 misses the mark. When a determination is made that a veteran is mentally incompetent or incapacitated, for whatever reason, that determination is made to protect them, not to punish or deprive them. When that determination is made, we owe it to our veterans not to put a weapon in their hand, but, rather, to put the full weight of a responsive mental health system at their disposal.
We entrusted our soldiers with a weapon while in uniform, so let's treat our veterans with the same expectations and standards of safety when they take off the uniform. If the unintended consequences of the current law, as the bill's supporters claim, are too broad and disqualified too many of our veterans from responsible gun ownership, then let's work together to tackle that issue.
However, this bill goes too far and would prohibit the VA Secretary from sharing important information with law enforcement on veterans who might be a danger to themselves or to others.
Unfortunately, Mr. Speaker, H.R. 1181 misses the mark and ignores the responsibility to safeguard and take care of our veterans who have sacrificed so much to protect our Nation.
Mr. Speaker, I include in the Record three documents, and they are the testimony of Brigadier General Xenakis, an op-ed from General Chiarelli, as well as testimony submitted by Jeffrey Swanson.
Testimony of Brigadier General (Ret) Stephen N. Xenakis, MD
erik erikson scholar, the austen riggs center
Subcommittee on Disability Assistance and Memorial Affairs, Hearing
June 24, 2015
H.R. 2001--Veterans 2nd Amendment Protection Act
Thank you to the Committee for this opportunity to submit
testimony regarding H.R. 2001--Veterans 2nd Amendment
Protection Act. I am Dr. Stephen Xenakis, retired Brigadier
General and Army Medical Corps Officer, with 28 years of
active military service. I am certified by the American Board
of Psychiatry and Neurology in General Psychiatry and Child
and Adolescent Psychiatry, and have dedicated my professional
career to providing medical and psychiatric care to our
soldiers and veterans and sustaining the readiness of our
fighting force. First and foremost, I am dedicated to
improving and protecting their health and wellbeing, and
therefore urge the committee not to pass H.R. 2001--Veterans
2nd Amendment Protection Act (H.R. 2001) in its current form.
Under the current process, if a veteran is determined to be
incapable of managing his or her disbursement of funds from
the Veterans Benefits Administration (VBA), the veteran is
assigned a fiduciary, categorized as mentally incompetent,
considered ``adjudicated mental defective,'' and therefore
prohibited from purchasing or possessing firearms. In its
current form, H.R. 2001 would
change the process, stating those who are deemed mentally
incompetent by the Department of Veterans Affairs' (VA) would
NOT be considered adjudicated mental defective ``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. The result being,
individuals who are currently prohibited from purchasing or
possessing firearms, because of a VBA fiduciary finding,
would no longer be prohibited.
Though I concur that there is room for improvement in the
VA interpretation of the mentally incompetent determination,
H.R. 2001 is misguided in its approach. Yes, there may be
individuals who have been swept into the ``adjudicated mental
defective'' category because they need assistance managing
their disbursement of VBA funds and for whom firearms access
would not pose a risk to themselves or anyone else. However,
there are also individuals in this category for whom access
to a firearm would indeed be dangerous. Therefore restoring
firearms in the sweeping manner to everyone declared mentally
incompetent by the VA, as H.R. 2001 would do, would put our
veterans, and citizens, in harm's way.
To discuss H.R. 2001 is to discuss this country's veteran
suicide crisis, and to discuss suicide is to discuss access
to firearms. The high suicide rate among the veteran
population is devastating; a 2012 report from the VA reported
an estimated 22 veterans per day commit suicide. Data shows
recent veterans who were on active duty during the wars in
Iraq and Afghanistan have a marked increased risk of suicide
compared to the general population (41% higher suicide risk
among deployed veterans; 61% higher risk among those non-
deployed). Access to firearms is a significant part of the
problem; a study of male veterans found that veterans were
more likely than non-veterans to use firearms as a means to
suicide. Research shows firearms are the most lethal means to
suicide; an estimated 85% of suicide attempts using a firearm
are fatal, compared to 2% by poisoning or overdose, or 1% by
cutting.
The evidence is strong and paints a grim picture--suicide
is a serious public health problem. According to 2013 data
from the Centers for Disease Control and Prevention, suicide
is the 10th leading cause of death for all age groups.
Suicide is the second leading cause of death for those age
25-34, ahead of heart disease, liver disease, or HIV. Over
half of the 41,149 suicides in 2013 were by firearm.
Our society can mitigate this problem however with smart
policies and practices. We should take a page out of the
military training manuals. The military trains us to think
``safety first'' and avoid unnecessary harm and injury. It is
our standard practice among military psychiatrists to
confront a potentially suicidal soldier and intervene
aggressively to protect the soldier and the family. I
routinely ask--``do you have weapons, where are they, what
can you and your family do now to keep you and them safe?''
As such, it is absolutely crucial, that any veteran who has
been deemed mentally incompetent by the VBA go through an
individualized process to restore his or her firearms rights,
including an assessment for risk to self and others
consistent with best medical practices, to ensure that the
veteran would not constitute a danger to the self or others
going forward. Such a process is not outlined in H.R. 2001
and, therefore, I urge the committee not to pass the
amendment in its current form.