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Democratic Lawmakers Suggest Infringements on Veterans’ Second Amendment Rights
Last week, a group of Democrat lawmakers in the House jointly penned a letter proposing limitations on certain veterans’ Second Amendment Rights due to a diagnosis of being “mentally incompetent” made by Veterans Affairs (VA) rating agencies. The current regulation, known as 38 CFR 3.353, defines “mentally incompetent” as an individual who lacks the mental capacity to manage their own affairs due to injury or disease.
The determination of mental incompetency is exclusively within the purview of VA rating agencies as per this regulation. It is primarily made for insurance and benefits distribution purposes. It should be noted that this regulation does not encompass determinations of insanity, which fall under a separate code, 38 CFR 3.354, and are not addressed in the proposed amendment.
The Democrats’ Stance on Veterans’ Second Amendment Rights
The letter authored by Democrat lawmakers, as shared by Rep. Mike Thompson (D-CA), expresses deep concern regarding Section 413, also known as the Kennedy Amendment. This amendment was incorporated into the Senate-passed appropriations bill for Military Construction, Veterans Affairs, and Related Agencies, later included in the government funding bills’ minibus.
The lawmakers argue that amid the harrowing crisis of veteran suicides, providing easier access to firearms for veterans deemed a danger to themselves or others is problematic. They highlight how the Kennedy Amendment, by classifying veterans deemed “mentally incompetent” by the VA as ‘prohibited purchasers,’ effectively makes it a felony for them to buy firearms, irrespective of the sales channel or whether information has been relayed to the NICS system.
In response, they urge the Department to implement measures to safeguard veterans’ interests, including creating an automated process to secure judicial orders for mentally incompetent veterans for NICS inclusion and conducting a study on the correlation between such veterans, suicide occurrences, and gun violence incidents.
A Case Study and the Democrats’ Response
Referencing Robert Card, the Maine gunman responsible for a tragic shooting incident where 18 individuals lost their lives in October, the lawmakers point to Card as an instance where warning signs were overlooked. However, Card, who was reportedly part of the Army Reserves, had a prior commitment to a mental facility for two weeks, a crucial detail that might have been considered a warning sign.
While the Democrats advocate for restricting veterans’ Second Amendment Rights based on mental incompetency, they overlook issues like gender dysphoria, acknowledged as a mental disorder by medical sources. This selective approach raises questions about the true motives behind their stance and whether genuine concern for veteran well-being is their primary goal.
With a significant percentage of transgender individuals contemplating or attempting suicide, the focus on veterans, who have taken an oath to defend the Constitution, appears politically motivated rather than a sincere effort to address mental health issues and suicide prevention across all demographics.
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