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.”