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S 3167 IS

To amend title 38, United States Code, to clarify the conditions under which veterans, their surviving spouses, and their children may be treated as adjudicated mentally incompetent for certain purposes.

June 19, 2008

Mr. BURR (for himself, Mr. WICKER, Mr. CRAIG, and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to clarify the conditions under which veterans, their surviving spouses, and their children may be treated as adjudicated mentally incompetent for certain purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. CONDITIONS FOR TREATMENT OF VETERANS, THEIR SURVIVING SPOUSES, AND THEIR CHILDREN 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:

`Sec. 5511. Conditions for treatment of veterans, surviving spouses, and children 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 veteran, surviving spouse, or child 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 veteran, surviving spouse, or child is a danger to him- or herself or others.'.

(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:

`5511. Conditions for treatment of veterans, their surviving spouses, and their children as adjudicated mentally incompetent for certain purposes.'.

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