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.
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.