Protecting Gun Rights and Due Process Act

Continuing his record of being a leading advocate for the Second Amendment and gun owners’ rights, U.S. Senator Rand Paul today introduced the Protecting Gun Rights and Due Process Act.

This legislation would give necessary protection to gun owners by ensuring due process rights are upheld if an individual’s eligibility is questioned and reported to the National Instant Criminal Background Check System (NICS).

“I refuse to stand idly by while the Obama administration unilaterally strips away gun rights from our nation’s veterans and seniors. The Protecting Gun Rights and Due Process Act will provide necessary protection for gun-owning Americans, and ultimately ensure that the Second Amendment is not infringed upon,” Sen. Paul said.

This legislation has gained support from Gun Owners of America and the National Association of Gun Rights.

BACKGROUND:
The Protecting Gun Rights and Due Process Act prohibits the sale of a firearm or ammunition to an individual that has been adjudicated as mentally incompetent or committed to a psychiatric hospital. Adjudication requires findings by a judicial officer or court, and the individual receives notice to participate with counsel.

Within 90 days, The Secretary of Veterans Affairs must review and remove from NICS any veteran that has not been adjudicated as mentally incompetent. The Attorney General will certify that the removal of names has taken place.

This Act prevents the Social Security Administrator from reporting individuals to NICS unless the individual has been adjudicated as mentally incompetent. The Attorney General will conduct a yearly review to certify reported names have necessary documentation.

The Attorney General must certify a state’s report indicating a person has been adjudicated as mentally incompetent prior to inclusion to NICS. All individuals considered to no longer be adjudicated as mentally incompetent will be notified and have their rights restored.

Source: https://randpaul.com/news/sen-rand-paul-introduces-new-legislation-to-protect-gun-owners-rights

3 thoughts on “Protecting Gun Rights and Due Process Act

  1. Here in Massachusetts some police Chiefs break the law by denying people LTC. The people have no police records at all. They just out right refuse to issue the LTC. They break the law that they swore to uphold by denying the second amendment right to own a firearm. I think the police should lead by example and give up there guns but you know that will never happen. Criminals will always have guns knives bats you name it if it can kill they will have one.

  2. Pingback: Protecting Gun Rights and Due Process Act | Rifleman III Journal

  3. Arthur the same thing happened to my roommate. She has no criminal record and had never been committed, she passed all the background checks and the fingerprints but she told the lisencing officer she had been on an antidepressant and he said she wasn’t suitable. I hear that some towns are pro 2a and if you pass the background checks they don’t use the BS “discretion”. Do you know any towns that are 2a friendly?, our lease is up and she’s looking to move to a place where they don’t use the unconstitutional discression.

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