Captain Mark Kelly & General Peter W. Chiarelli Call on Congress to Reject Dangerous Proposal to Weaken the Background Check System, Put the Safety of Veterans At Risk

March 7, 2017

March 8, 2017 — Today, the House Committee on Veterans’ Affairs is taking up a bill that would severely undercut the current process the Veterans Administration uses to identify veterans who are prohibited from gun ownership because of mental health. Navy combat veteran and retired NASA astronaut Captain Mark Kelly, the Co-Founder of Americans for Responsible Solutions and General Peter W. Chiarelli, member of the Veterans Coalition for Common Sense, called on Congress to reject the dangerous proposal:

Captain Mark Kelly, Navy combat veteran, retired NASA astronaut and the Co-Founder of Americans for Responsible Solutions: “As a proud Navy combat veteran, I served to uphold our Constitution and the right of law-abiding Americans to own guns. I also know that with the freedom to own a gun comes the responsibility to help keep them out of the wrong hands. Instead of giving our brave veterans the resources they need to face their mental health challenges, the Washington gun lobby wants to arm these individuals when they are most vulnerable. This irresponsible bill would take our country backwards and put our nation’s veterans at serious risk.” General Peter W. Chiarelli, USA (Ret.), advisory committee member for the Veterans Coalition for Common Sense: “As a nation, we must take action to end the veteran suicide epidemic. Each year, roughly 6,000 of my fellow veterans take their own life, and two-thirds of those veterans use a firearm to commit suicide. Congress should be working to save lives by guaranteeing veterans have access to world-class medical and counseling services, not enacting legislation that makes it easier for those who most need our support to get their hands on a gun.”

The bill, H.R. 1181, would require the Federal Bureau of Investigation to eliminate over 174,000 records from the National Instant Criminal Background Check System (NICS) that were reported by the Department of Veterans Affairs, allowing easy access to guns for many individuals suffering from serious mental illnesses like dementia, schizophrenia, and long-term severe PTSD.

***

About H.R. 1181

Current Federal Law Prohibits “Incompetent Beneficiaries” From Accessing Firearms. A federal law signed by President Bush in 2008 requires federal agencies like the VA to report individuals’ names to NICS if they have been “adjudicated mentally incompetent” by that agency. Currently, the VA reports “incompetent beneficiaries” who are determined over the course of the benefits claims process to qualify for monetary benefits and to require a fiduciary to manage their benefits because they are mentally incapable of managing their own affairs. VA boards review these determinations, which under federal law prohibit “mentally incompetent” veterans from possessing guns.

Current Federal Law Guarantees Due Process Protections For Veterans To Ensure No Individual Incorrectly Fails A Background Check To Buy A Gun. To make an initial determination that a veteran is mentally incompetent, the VA requires clear and convincing evidence demonstrating the beneficiary’s incompetency. Veterans may present new evidence regarding their incompetency determination at any point. Signed into law in December 2016, the bipartisan 21st Century Cures Act also codified veterans’ due process protections during the adjudication process. Before a final determination, he or she must be provided notice and an opportunity to request a hearing. Should the veteran disagree with the final adjudication, he or she can appeal to a federal judge.

H.R. 1181 Would Have A Negative Impact On NICS Records & Public Safety. If enacted, H.R. 1181 would allow veterans to pass a background check even if the VA has determined that he or she is mentally incompetent. It would force NICS to remove the VA’s findings about a veteran’s incompetency even when the VA is the only authority with jurisdiction. The only way a veteran would be prohibited from purchasing a gun is if he or she has gone through a court process that does not exist, and this bill does not create one.

This bill would also make these standards retroactive, meaning all records reported to NICS by the VA would become invalid and removed from NICS. As a result, over 174,000 records would be removed, allowing easy access to guns for many individuals suffering from serious mental illnesses like dementia, schizophrenia, and long-term severe PTSD. This would be a dangerous and irresponsible change in federal law, putting our veterans at risk. Non-deployed veterans are at a 61% greater risk of suicide compared to the American civilian population, and over half of all suicides are committed with guns.