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Bartholomew Roberts · November 9, 2009, 02:01 PM

In 2000, the VA had placed some 83,000-89,000 veterans who were deemed incapable of handling their own affairs; but not "a danger to themselves or others" on the NICS list.

This was one of the issues addressed by the somewhat controversial NICS Improvement Act. It looks like this bill takes this a step further than the NICS Improvement Act by saying that not only must they be found to be "a danger to themselves or others" in an adversarial hearing with due process; but that the hearing must be by a competent judicial authority (i.e. not just a VA medical review board or similar type of hearing).

I may be missing something as I just glanced at it; but that is the major difference that jumps out at me. In practical terms though, it strikes me as a fairly minor difference since even the VA medicial review boards would have to meet the standards established for due process before they could deprive a veteran of any rights. It seems the primary purpose of this bill would be to end the debate over whether they met due process standards by making it clear what type of authority is required.

November 9, 2009, 02:01 PM	#4
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	In 2000, the VA had placed some 83,000-89,000 veterans who were deemed incapable of handling their own affairs; but not "a danger to themselves or others" on the NICS list. This was one of the issues addressed by the somewhat controversial NICS Improvement Act. It looks like this bill takes this a step further than the NICS Improvement Act by saying that not only must they be found to be "a danger to themselves or others" in an adversarial hearing with due process; but that the hearing must be by a competent judicial authority (i.e. not just a VA medical review board or similar type of hearing). I may be missing something as I just glanced at it; but that is the major difference that jumps out at me. In practical terms though, it strikes me as a fairly minor difference since even the VA medicial review boards would have to meet the standards established for due process before they could deprive a veteran of any rights. It seems the primary purpose of this bill would be to end the debate over whether they met due process standards by making it clear what type of authority is required.