By:  Tim Brown

On Thursday, the House of Representatives will consider a bill that will restore the rights of over quarter of our nation’s veterans to keep and bear arms that were illegally infringed upon during the Obama administration.

HR 1181, the Veterans 2nd Amendment Protection Act, will head to the floor of the House of Representatives on Thursday.  This bill seeks 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.”

The text of the bill states:

SEC. 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 inserting after section 5501A the following new section:

Ҥ 5501B. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes
“Notwithstanding any determination made by the Secretary under section 5501A of this title, 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.”.

(b) Clerical Amendment.—The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 5501A the following new item:

“5501B. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.”

While this is good in many respects, the main problem I have with the government determining who is mentally ill and who is of sound mind is that there will always be political party ideology that determines that.  Our Constitution was very specific regarding how one forfeits their rights.  It is contained in the Fifth Amendment and there is no mention of mental stability, but rather conviction of a crime.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Due process of law is the issue, and since the right to keep and bear arms is not to be infringed, according to the Second Amendment, Congress has no business writing any law for any reason to restrict that right, especially for veterans who have served to defend those rights.

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