GUN BILL NOT ANTI-VETERAN -- Let's use some
common
sense instead of nonsense about H.R. 2640. If
you're
a veteran or you have been diagnosed with PTSD,
don't worry, they aren't coming for your
firearms.
The Managing Editor of Military.com asked me to
write this article about H.R. 2640.
This legislation has been falsely portrayed as
anti-veteran. Plainly and simply, it has nothing to do with
veterans and will NOT bar anyone with a diagnosis of PTSD from
purchasing firearms and ammo.
I have read all the arguments against H.R.
2640. They are erroneous and lack merit. And, they are only
being used to needlessly scare veterans, especially those with a
diagnosis of PTSD.
This is legislation that the National Rifle
Association (NRA) helped craft and fully supports. Think about.
Would the NRA support any bill that would take away firearms from
veterans? Of course not!
(NOTE: Full disclosure -- I am not an NRA
member.)
Article below:
-------------------------
Gun Bill Not Anti-Veteran
by Larry Scott
There is no such thing as the "Veterans Disarmament Act." There is no
pending legislation that would take firearms away from veterans. There
is no pending legislation that would prevent a person with
post-traumatic stress disorder (PTSD), veteran or not, from purchasing a
firearm or ammo.
But, there is a huge campaign of misinformation and scare tactics being
forwarded by a small gun owners group who view themselves to be in
competition with the National Rifle Association (NRA).
Let's use some common sense instead of nonsense. If veterans were to
lose the right to own firearms, you'd have a lot of unemployed cops. If
those who have PTSD were to lose that right, there'd be even more
unemployed cops and other first responders, as well. The arguments about
a "Veterans Disarmament Act" are, quite simply, ridiculous and
illogical.
The piece of legislation is question is H.R. 2640, the NICS Improvement
Amendments Act of 2007. (see Thomas in links at end of article) H.R.
2640 was carefully-crafted by the NRA and Members of Congress to protect
the rights of gun owners, especially those who may have mental health
issues such as PTSD.
The NICS is the National Instant Criminal Background Check System, the
database that contains the names of those not allowed to buy firearms
and ammo. There are nine specific groups of persons who are included in
the database. (see Nine Groups in links)
Included is anyone "has been adjudicated as a mental defective or has
been committed to any mental institution." "Any mental institution"
would, obviously, include a VA hospital mental ward. And, the
government's definition of a "mental defective" is: "A determination by
a court, board, commission, or other lawful authority that a person, as
a result of marked subnormal intelligence, or mental illness, incompetency,
condition, or disease: (1) Is a danger to himself or to others; or (2)
Lacks the mental capacity to contract or manage his own affairs. The
term shall include a finding of insanity by a court in a criminal case."
The confusion over H.R. 2640 and veterans, especially veterans with
PTSD, began in 2000 when the VA gave the names of between 83,000 and
89,000 veterans to the NICS database. The names were of veterans who had
been committed to VA psychiatric wards or who had been adjudicated as a
"mental defective." This was required of all government agencies.
Some thought that any veteran with a mental health issue ended up on the
NICS list. That is an absurd assumption. If a veteran tries to quit
smoking and goes to VA smoking cessation classes, they are in a mental
health program because nicotine is considered an addictive substance.
The same applies for those seeking treatment for alcohol or drug abuse.
And, we know, these veterans did not end up in the NICS database.
Neither current law nor H.R. 2640 would put any person, including
veterans, who have sought psychiatric treatment or voluntarily checked
themselves into a psychiatric unit on the NICS list. This includes those
with PTSD, those seeking treatment for alcohol or drug abuse and those
who have voluntarily sought help and been admitted for observation,
sometimes termed a "voluntary commitment."
So, why all the noise about H.R. 2640? Some feel the small gun owners
group is just looking for members. Others feel they have some kind of
beef with the NRA. Whatever the reason, the misinformation and scare
tactics should be considered for exactly what they are.
The NRA, in the wake of the Virginia Tech shootings that killed over 30
students, realized that current firearms legislation had some real
problems. People who should be in the NICS database, like the Virginia
Tech shooter, were left out. And, just as important, the NRA knew that
some people who shouldn't be in the database had been included and there
was no way for them to get their names of the NICS list. Also, some
believe there is wiggle-room in the current regulations that can allow
government agencies to "interpret" them incorrectly. The NRA set out to
solve those problems, and they did.
The NRA fully supports H.R. 2640. (see NRA in links) According to the
NRA: "Some pro-gun groups have claimed that H.R. 2640 would 'prohibit'
thousands of people from owning guns. This is not true...In fact, H.R.
2640 would allow some people now unfairly prohibited from owning guns to
have their rights restored, and to have their names removed from the
instant check system."
H.R. 2640 would require states to provide quarterly information to the
NICS database. This information would have to include those who no
longer fall into one of the nine categories of "no buy" persons. There
would be penalties for states that do not comply. And, the protections,
especially for those with mental health issues, assure that a "medical
finding of disability" would not put someone in the NICS database. That
would include veterans with a diagnosis of PTSD. Here are the
protections as stated in H.R. 2640:
(1) IN GENERAL- No department or agency
of the Federal Government may provide to the Attorney General any
record of an adjudication or determination related to the mental
health of a person, or any commitment of a person to a mental
institution if--
(A) the adjudication, determination, or commitment, respectively,
has been set aside or expunged, or the person has otherwise been
fully released or discharged from all mandatory treatment,
supervision, or monitoring;
(B) the person has been found by a court, board, commission, or
other lawful authority to no longer suffer from the mental health
condition that was the basis of the adjudication, determination,
or commitment, respectively, or has otherwise been found to be
rehabilitated through any procedure available under law; or
(C) the adjudication, determination, or commitment, respectively,
is based solely on a medical finding of disability, without a
finding that the person is a danger to himself or to others or
that the person lacks the mental capacity to manage his own
affairs.
Please note again that a person cannot be put on the NICS list solely
for a "medical finding of disability," and that would include PTSD.
Also, H.R. 2640 will provide a means for a person to take their name off
the NICS list if they should not be on it, something they cannot do at
this time. That provision reads:
(A) PROGRAM FOR RELIEF FROM
DISABILITIES- Each department or agency of the United States that
makes any adjudication or determination related to the mental
health of a person or imposes any commitment to a mental
institution, as described in subsection (d)(4) and (g)(4) of
section 922 of title 18, United States Code, shall establish a
program that permits such a person to apply for relief from the
disabilities imposed by such subsections. Relief and judicial
review shall be available according to the standards prescribed in
section 925(c) of title 18, United States Code.
The bottom line for veterans concerned about H.R. 2640 is to just use
some common sense. Read the legislation. You may not agree with it. But,
if you're a veteran or you have been diagnosed with PTSD, don't worry,
they aren't coming for your firearms. The NRA put it correctly when they
said, "H.R. 2640 is NOT gun control legislation." It IS legislation
designed to end inequities in the current laws that have unfairly
prevented many from purchasing firearms and ammo.
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