What This Bill Does
This bill changes how the federal government labels and handles certain mental health situations when deciding if someone can own a gun. It creates stricter rules for when people lose gun rights based on mental health decisions, and it tells the Veterans Affairs department to review veterans' records to make sure those decisions followed proper legal procedures.
##
Who It Affects
- Veterans who had their gun rights taken away based on a Veterans Affairs mental health decision
- People whose gun rights were restricted based on Social Security Administration benefit decisions
- The Attorney General (who enforces gun laws)
- The Veterans Affairs department
- The Social Security Administration
- Congress
##
Key Provisions
- The bill replaces the term "mental defective" with "mentally incompetent" throughout federal gun laws and changes "mental institution" to "psychiatric hospital." (Sec. 2)
- The Veterans Affairs department must review covered veterans' cases within 90 days to check if the original mental health decisions followed proper legal procedures with a hearing where the veteran received actual notice and had a lawyer. (Sec. 3(b)(1))
- Social Security Administration decisions to assign someone a representative payee (a person who manages benefits for them) cannot count as proof that someone is mentally incompetent for gun ownership purposes. (Sec. 4)
- Veterans Affairs decisions that someone needs a fiduciary (a person to manage their benefits) cannot count as proof that someone is mentally incompetent for gun ownership purposes. (Sec. 3(d))
- The Attorney General must remove records from the National Instant Criminal Background Check System (the database used to check if someone can buy a gun) when someone is no longer considered mentally incompetent or when a court restores their competency. (Sec. 6)
- State reports about mental health adjudications cannot be used to disqualify someone from gun ownership unless the Attorney General confirms the proceedings followed proper legal procedures and the state provides clear evidence the person poses imminent and significant danger. (Sec. 5)
##
What Changes
If this bill becomes law, fewer people will automatically lose gun rights based solely on mental health decisions from Veterans Affairs or Social Security. Veterans and others whose gun rights were restricted will get a second look to make sure their original hearings met strict legal standards (they had to get actual notice of the hearing and have a lawyer present). The Attorney General will have to remove gun background check records for people who no longer meet the stricter definition of "mentally incompetent" under this bill.
##
Important Definitions
- "Has been adjudicated mentally incompetent or has been committed to a psychiatric hospital" means a federal, state, or local court ordered this after a hearing where the person got actual notice and had a lawyer, and the court found the person was guilty but mentally ill, not guilty by reason of insanity, incompetent to stand trial, or not guilty by reason of lack of mental responsibility in a military case. It does not include voluntary psychiatric admissions or admissions just for observation. (Sec. 2)
- "Actual notice" means notice delivered directly to the person in person and does not include notice by publication or other general announcements. (Sec. 2)
- "Psychiatric hospital" includes mental health facilities, mental hospitals, sanitariums, and psychiatric wards in general hospitals. (Sec. 2)
- "Covered veteran" means a person who before this law passed was labeled mentally incompetent by the Veterans Affairs department in a way that blocked their gun rights. (Sec. 3(a))
##
Effective Date
The bill becomes effective on the date it is signed into law for most provisions. The Attorney General must complete the first annual review of inaccurate records by January 1 of each year going forward. (Sec. 3(c)(1) and Sec. 4(c)(1))
I
118TH CONGRESS
1ST SESSION H. R. 1258
To provide adequate protections for gun owners, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 28, 2023
Mr. PERRY introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on Appropriations,
Veterans’ Affairs, Ways and Means, and Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To provide adequate protections for gun owners, and for
other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protecting Gun Rights
4
and Due Process Act’’.
5
SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.
6
(a) TITLE 18 DEFINITIONS.—Chapter 44 of title 18,
7
United States Code, is amended—
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•HR 1258 IH
(1) in section 921(a), by adding at the end the
1
following:
2
‘‘(38)(A) The term ‘has been adjudicated men-
3
tally incompetent or has been committed to a psy-
4
chiatric hospital’, with respect to a person—
5
‘‘(i) means the person is the subject of an
6
order or finding by a Federal, State, or local ju-
7
dicial officer or court—
8
‘‘(I) that was issued after a hearing—
9
‘‘(aa) of which the person re-
10
ceived actual notice; and
11
‘‘(bb) at which the person had an
12
opportunity to participate with coun-
13
sel; and
14
‘‘(II) that found that the person, as a
15
result of marked subnormal intelligence,
16
mental impairment, mental illness, mental
17
incompetency, mental condition, or mental
18
disease—
19
‘‘(aa) was guilty but mentally ill
20
in a criminal case, in a jurisdiction
21
that provides for such a verdict;
22
‘‘(bb) was not guilty in a criminal
23
case by reason of insanity or mental
24
disease or defect;
25
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•HR 1258 IH
‘‘(cc) was incompetent to stand
1
trial in a criminal case; or
2
‘‘(dd) was not guilty by reason of
3
lack of mental responsibility under
4
section 850a of title 10 (article 50a of
5
the Uniform Code of Military Jus-
6
tice); and
7
‘‘(ii) does not mean—
8
‘‘(I) an admission to a psychiatric
9
hospital for observation; or
10
‘‘(II) a voluntary admission to a psy-
11
chiatric hospital.
12
‘‘(B) For the purposes of this paragraph, the
13
term ‘order or finding’ does not include—
14
‘‘(i) an order or finding that has expired,
15
been dismissed, or expunged;
16
‘‘(ii) an order or finding that is no longer
17
applicable because a judicial officer or court has
18
found that the person who is the subject of the
19
order or finding—
20
‘‘(I) does not present a danger to him-
21
self or herself or to others;
22
‘‘(II) has been restored to sanity or
23
cured of mental disease or defect;
24
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•HR 1258 IH
‘‘(III) has been restored to com-
1
petency; or
2
‘‘(IV) no longer requires involuntary
3
inpatient or outpatient treatment by a psy-
4
chiatric hospital; or
5
‘‘(iii) an order or finding with respect to
6
which the person who is subject to the order or
7
finding has been granted relief from disabilities
8
under section 925(c) of this title, under a pro-
9
gram described in section 101(c)(2)(A) or 105
10
of the NICS Improvement Amendments Act of
11
2007 (34 U.S.C. 40911(c)(2)(A); 34 U.S.C.
12
40915), or under any other State-authorized re-
13
lief from disabilities program of the State in
14
which the original commitment or adjudication
15
occurred.
16
‘‘(C) For the purposes of this paragraph, the
17
term ‘actual notice’ means notice that was served to
18
the individually personally and does not mean notice
19
by publication or other general means.
20
‘‘(39) The term ‘psychiatric hospital’ includes a
21
mental health facility, a mental hospital, a sani-
22
tarium, or a psychiatric facility, including a psy-
23
chiatric ward in a general hospital.’’; and
24
(2) in section 922—
25
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•HR 1258 IH
(A) in subsection (d)(4)—
1
(i) by striking ‘‘as a mental defective’’
2
and inserting ‘‘mentally incompetent’’; and
3
(ii) by striking ‘‘any mental institu-
4
tion’’ and inserting ‘‘a psychiatric hos-
5
pital’’; and
6
(B) in subsection (g)(4)—
7
(i) by striking ‘‘as a mental defective
8
or who has’’ and inserting ‘‘mentally in-
9
competent or has’’; and
10
(ii) by striking ‘‘mental institution’’
11
and inserting ‘‘psychiatric hospital’’.
12
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
13
The NICS Improvement Amendments Act of 2007 (34
14
U.S.C. 40902 et seq.) is amended—
15
(1) by striking ‘‘as a mental defective’’ each
16
place that term appears and inserting ‘‘mentally in-
17
competent’’;
18
(2) by striking ‘‘mental institution’’ each place
19
that term appears and inserting ‘‘psychiatric hos-
20
pital’’;
21
(3) in section 101(c)—
22
(A) in paragraph (1), in the matter pre-
23
ceding subparagraph (A), by striking ‘‘to the
24
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•HR 1258 IH
mental health of a person’’ and inserting ‘‘to
1
whether a person is mentally incompetent’’; and
2
(B) in paragraph (2)—
3
(i) in subparagraph (A)(i), by striking
4
‘‘to the mental health of a person’’ and in-
5
serting ‘‘to whether a person is mentally
6
incompetent’’; and
7
(ii) in subparagraph (B), by striking
8
‘‘to the mental health of a person’’ and in-
9
serting ‘‘to whether a person is mentally
10
incompetent’’; and
11
(4) in section 102(c)(3)—
12
(A) in the paragraph heading, by striking
13
‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO
14
A
MENTAL
INSTITUTION’’ and inserting ‘‘AS
15
MENTALLY INCOMPETENT OR COMMITTED TO A
16
MENTAL INSTITUTION’’; and
17
(B) by striking ‘‘mental institutions’’ and
18
inserting ‘‘psychiatric hospitals’’.
19
SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF
20
VETERANS.
21
(a) DEFINITION.—In this section, the term ‘‘covered
22
veteran’’ means a person who, on the day before the date
23
of enactment of this Act, is considered to have been adju-
24
dicated as mentally incompetent or committed to a psy-
25
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•HR 1258 IH
chiatric hospital under subsection (d)(4) or (g)(4) of sec-
1
tion 922 of title 18, United States Code, as a result of
2
having been found by the Secretary of Veterans Affairs
3
to be mentally incompetent.
4
(b) REVIEW AND CERTIFICATION.—
5
(1) REVIEW.—The Secretary of Veterans Af-
6
fairs shall not later than 90 days after the date of
7
enactment of this Act, conduct a review relating to
8
each covered veteran to determine whether the pro-
9
ceedings for the adjudication or commitment of the
10
covered veteran were conducted in accordance with,
11
and resulted in an order or finding described in, sec-
12
tion 921(a)(38) of title 18, United States Code (as
13
added by this Act).
14
(2) CERTIFICATION.—The Secretary of Vet-
15
erans Affairs shall certify that the proceedings under
16
paragraph (1) were conducted in accordance with,
17
and resulted in an order or finding described in, sec-
18
tion 921(a)(38) of title 18, United States Code (as
19
added by this Act), ensure that the records of the
20
covered veteran used for purposes of any determina-
21
tion of whether the covered veteran is disqualified
22
from possessing or receiving a firearm under sub-
23
section (g) or (n) of section 922 of title 18, United
24
States Code, are modified to indicate that the cov-
25
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•HR 1258 IH
ered veteran has not been adjudicated mentally in-
1
competent or committed to a psychiatric hospital.
2
(c) ENFORCEMENT.—
3
(1)
IDENTIFICATION
OF
INACCURATE
4
RECORDS.—Not later than January 1 of each year,
5
the Attorney General shall—
6
(A) review the record of each person who
7
is considered to have been adjudicated mentally
8
incompetent or committed to a psychiatric hos-
9
pital by the Secretary of Veterans Affairs under
10
subsection (d)(4) or (g)(4) of section 922 of
11
title 18, United States Code, as a result of hav-
12
ing been found by the Secretary of Veterans Af-
13
fairs to be mentally incompetent;
14
(B) identify each record reviewed under
15
subparagraph (A) that does not include docu-
16
mentation indicating that the proceedings for
17
the adjudication or commitment were conducted
18
in accordance with, and resulted in an order or
19
finding described in section 921(a)(38) of title
20
18, United States Code, as added by this Act;
21
and
22
(C) submit to the Secretary of the Treas-
23
ury and the Committee on the Judiciary and
24
the Committee on Veterans’ Affairs of the
25
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•HR 1258 IH
House of Representatives and the Committee
1
on the Judiciary and the Committee on Vet-
2
erans’ Affairs of the Senate a report providing
3
the number of records identified under subpara-
4
graph (B) in the previous year.
5
(2) RESCISSION.—Effective on the date on
6
which the Attorney General submits a report under
7
paragraph (1)(C), there is rescinded from the unob-
8
ligated balances in the appropriations account ap-
9
propriated under the heading ‘‘GENERAL ADMINIS-
10
TRATION’’ under the heading ‘‘DEPARTMENTAL AD-
11
MINISTRATION’’ under the heading ‘‘DEPART-
12
MENT OF VETERANS AFFAIRS’’ the amount
13
equal to the product of—
14
(A) the number of records that the report
15
states were identified by the Attorney General
16
under paragraph (1)(B); and
17
(B) $10,000.
18
(d) APPOINTMENT OF FIDUCIARIES.—
19
(1) IN
GENERAL.—Chapter 55 of title 38,
20
United States Code, is amended by adding at the
21
end the following:
22
‘‘§ 5511. Use of determinations.
23
‘‘No determination by the Secretary that benefits
24
under this title to which an individual is entitled shall be
25
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•HR 1258 IH
paid to a fiduciary shall be considered to be a determina-
1
tion that the individual has been adjudicated mentally in-
2
competent for purposes of subsections (d)(4) and (g)(4)
3
of section 922 of title 18.’’.
4
(2) CLERICAL AMENDMENT.—The table of sec-
5
tions for chapter 55 of title 38, United States Code,
6
is amended by adding at the end the following:
7
‘‘5511. Use of determinations.’’.
SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMIS-
8
SIONER OF SOCIAL SECURITY.
9
(a) TITLE II.—Section 205(j) of the Social Security
10
Act (42 U.S.C. 405(j)) is amended by adding at the end
11
the following:
12
‘‘(11) No determination by the Commissioner of So-
13
cial Security with respect to an individual, including a de-
14
termination that benefits under this title to which such
15
individual is entitled shall be paid to a representative
16
payee, shall be considered to be a determination that the
17
individual has been adjudicated mentally incompetent for
18
purposes of subsection (d)(4) or (g)(4) of section 922 of
19
title 18, United States Code.’’.
20
(b) TITLE XVI.—Section 1631(a)(2) of such Act (42
21
U.S.C. 1383(a)(2)) is amended by adding at the end the
22
following:
23
‘‘(J) No determination by the Commissioner of Social
24
Security with respect to an individual, including a deter-
25
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•HR 1258 IH
mination that benefits under this title to which such indi-
1
vidual is entitled shall be paid to a representative payee,
2
shall be considered to be a determination that the indi-
3
vidual has been adjudicated mentally incompetent for pur-
4
poses of subsection (d)(4) or (g)(4) of section 922 of title
5
18, United States Code.’’.
6
(c) ENFORCEMENT.—
7
(1)
IDENTIFICATION
OF
INACCURATE
8
RECORDS.—Not later than January 1 of each year,
9
the Attorney General shall—
10
(A) review the record of each person who
11
is considered to have been adjudicated mentally
12
incompetent or committed to a psychiatric hos-
13
pital under subsection (d)(4) or (g)(4) of sec-
14
tion 922 of title 18, United States Code, as a
15
result of a determination by the Commissioner
16
of Social Security Administration;
17
(B) identify each such record that does not
18
include documentation indicating that the pro-
19
ceedings for the adjudication or commitment
20
were conducted in accordance with, and re-
21
sulted in an order or finding described in, sec-
22
tion 921(a)(38) of title 18, United States Code,
23
as added by this Act; and
24
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•HR 1258 IH
(C) submit to the Secretary of the Treas-
1
ury and Congress a report providing the num-
2
ber of records identified under subparagraph
3
(B).
4
(2) RESCISSION.—
5
(A) IN GENERAL.—Effective on the date
6
on which the Attorney General submits a report
7
under paragraph (1)(C), there is rescinded from
8
the unobligated balances in the Federal Old-
9
Age and Survivors Insurance Trust Fund, the
10
Federal Disability Insurance Trust Fund, the
11
Federal Hospital Insurance Trust Fund, and
12
the Federal Supplementary Medical Insurance
13
Trust Fund, on a pro rata basis, the amount
14
equal to the product of—
15
(i) the number of records that the re-
16
port states were identified by the Attorney
17
General under paragraph (1)(B); and
18
(ii) $10,000.
19
(B) TREATMENT OF AMOUNTS.—Amounts
20
rescinded under subparagraph (A) shall be
21
deemed to have been expended for costs de-
22
scribed in section 201(g)(1) of the Social Secu-
23
rity Act (42 U.S.C. 401(g)(1)).
24
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•HR 1258 IH
SEC
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