Kentucky Senator Rand Paul has introduced legislation intended to protect the due process rights of veterans and senior citizens who are wrongly prohibited from purchasing a firearm by the federal background check system.
The Protecting Gun Rights and Due Process Act would require veterans and seniors be “adjudicated” as mentally incompetent before their names can be added to the National Instant Criminal Background Check System (NICS).
“Adjudication requires findings by a judicial officer or court, and the individual receives notice to participate with counsel,” explains a press release from Paul’s office.
Under the new bill, the Secretary of Veterans Affairs and Social Security Administrator would within 90 days need to remove names from the NICS list that were added without those people being adjudicated.
In other words, the bill would require the agencies to wait for due process to take place before they can restrict one’s Second Amendment rights.
“I refuse to stand idly by while the Obama administration unilaterally strips away gun rights from our nation’s veterans and seniors,” Sen. Paul wrote. “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.”
Additionally the bill would mandate the Attorney General conduct yearly reviews of the names in the NICS database to ensure that their due process rights were upheld, with those who were not adjudicated having their rights restored.
Pro-Second Amendment organizations such as Gun Owners of America and the National Association of Gun Rights have supported the legislation, according to a statement from Paul’s office.
Below is a statement sent out from Sen. Paul’s office regarding the bill.