I 
118TH CONGRESS 
1ST SESSION H. R. 1258 
To provide adequate protections for gun owners, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2023 
Mr. PERRY introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Appropriations, 
Veterans’ Affairs, Ways and Means, and Energy and Commerce, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide adequate protections for gun owners, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Gun Rights 
and Due Process Act’’. 
SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH. 
(a) TITLE 18 DEFINITIONS.—Chapter 44 of title 18, 
United States Code, is amended— 
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(1) in section 921(a), by adding at the end the 
following: 
‘‘(38)(A) The term ‘has been adjudicated men-
tally incompetent or has been committed to a psy-
chiatric hospital’, with respect to a person— 
‘‘(i) means the person is the subject of an 
order or finding by a Federal, State, or local ju-
dicial officer or court— 
‘‘(I) that was issued after a hearing— 
‘‘(aa) of which the person re-
ceived actual notice; and 
‘‘(bb) at which the person had an 
opportunity to participate with coun-
sel; and 
‘‘(II) that found that the person, as a 
result of marked subnormal intelligence, 
mental impairment, mental illness, mental 
incompetency, mental condition, or mental 
disease— 
‘‘(aa) was guilty but mentally ill 
in a criminal case, in a jurisdiction 
that provides for such a verdict; 
‘‘(bb) was not guilty in a criminal 
case by reason of insanity or mental 
disease or defect; 
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‘‘(cc) was incompetent to stand 
trial in a criminal case; or 
‘‘(dd) was not guilty by reason of 
lack of mental responsibility under 
section 850a of title 10 (article 50a of 
the Uniform Code of Military Jus-
tice); and 
‘‘(ii) does not mean— 
‘‘(I) an admission to a psychiatric 
hospital for observation; or 
‘‘(II) a voluntary admission to a psy-
chiatric hospital. 
‘‘(B) For the purposes of this paragraph, the 
term ‘order or finding’ does not include— 
‘‘(i) an order or finding that has expired, 
been dismissed, or expunged; 
‘‘(ii) an order or finding that is no longer 
applicable because a judicial officer or court has 
found that the person who is the subject of the 
order or finding— 
‘‘(I) does not present a danger to him-
self or herself or to others; 
‘‘(II) has been restored to sanity or 
cured of mental disease or defect; 
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‘‘(III) has been restored to com-
petency; or 
‘‘(IV) no longer requires involuntary 
inpatient or outpatient treatment by a psy-
chiatric hospital; or 
‘‘(iii) an order or finding with respect to 
which the person who is subject to the order or 
finding has been granted relief from disabilities 
under section 925(c) of this title, under a pro-
gram described in section 101(c)(2)(A) or 105 
of the NICS Improvement Amendments Act of 
2007 (34 U.S.C. 40911(c)(2)(A); 34 U.S.C. 
40915), or under any other State-authorized re-
lief from disabilities program of the State in 
which the original commitment or adjudication 
occurred. 
‘‘(C) For the purposes of this paragraph, the 
term ‘actual notice’ means notice that was served to 
the individually personally and does not mean notice 
by publication or other general means. 
‘‘(39) The term ‘psychiatric hospital’ includes a 
mental health facility, a mental hospital, a sani-
tarium, or a psychiatric facility, including a psy-
chiatric ward in a general hospital.’’; and 
(2) in section 922— 
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(A) in subsection (d)(4)— 
(i) by striking ‘‘as a mental defective’’ 
and inserting ‘‘mentally incompetent’’; and 
(ii) by striking ‘‘any mental institu-
tion’’ and inserting ‘‘a psychiatric hos-
pital’’; and 
(B) in subsection (g)(4)— 
(i) by striking ‘‘as a mental defective 
or who has’’ and inserting ‘‘mentally in-
competent or has’’; and 
(ii) by striking ‘‘mental institution’’ 
and inserting ‘‘psychiatric hospital’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
The NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40902 et seq.) is amended— 
(1) by striking ‘‘as a mental defective’’ each 
place that term appears and inserting ‘‘mentally in-
competent’’; 
(2) by striking ‘‘mental institution’’ each place 
that term appears and inserting ‘‘psychiatric hos-
pital’’; 
(3) in section 101(c)— 
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by striking ‘‘to the 
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mental health of a person’’ and inserting ‘‘to 
whether a person is mentally incompetent’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘to the mental health of a person’’ and in-
serting ‘‘to whether a person is mentally 
incompetent’’; and 
(ii) in subparagraph (B), by striking 
‘‘to the mental health of a person’’ and in-
serting ‘‘to whether a person is mentally 
incompetent’’; and 
(4) in section 102(c)(3)— 
(A) in the paragraph heading, by striking 
‘‘AS A MENTAL DEFECTIVE OR COMMITTED TO 
A
MENTAL
INSTITUTION’’ and inserting ‘‘AS 
MENTALLY INCOMPETENT OR COMMITTED TO A 
MENTAL INSTITUTION’’; and 
(B) by striking ‘‘mental institutions’’ and 
inserting ‘‘psychiatric hospitals’’. 
SEC. 3. PROTECTING THE SECOND AMENDMENT RIGHTS OF 
VETERANS. 
(a) DEFINITION.—In this section, the term ‘‘covered 
veteran’’ means a person who, on the day before the date 
of enactment of this Act, is considered to have been adju-
dicated as mentally incompetent or committed to a psy-
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chiatric hospital under subsection (d)(4) or (g)(4) of sec-
tion 922 of title 18, United States Code, as a result of 
having been found by the Secretary of Veterans Affairs 
to be mentally incompetent. 
(b) REVIEW AND CERTIFICATION.— 
(1) REVIEW.—The Secretary of Veterans Af-
fairs shall not later than 90 days after the date of 
enactment of this Act, conduct a review relating to 
each covered veteran to determine whether the pro-
ceedings for the adjudication or commitment of the 
covered veteran were conducted in accordance with, 
and resulted in an order or finding described in, sec-
tion 921(a)(38) of title 18, United States Code (as 
added by this Act). 
(2) CERTIFICATION.—The Secretary of Vet-
erans Affairs shall certify that the proceedings under 
paragraph (1) were conducted in accordance with, 
and resulted in an order or finding described in, sec-
tion 921(a)(38) of title 18, United States Code (as 
added by this Act), ensure that the records of the 
covered veteran used for purposes of any determina-
tion of whether the covered veteran is disqualified 
from possessing or receiving a firearm under sub-
section (g) or (n) of section 922 of title 18, United 
States Code, are modified to indicate that the cov-
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ered veteran has not been adjudicated mentally in-
competent or committed to a psychiatric hospital. 
(c) ENFORCEMENT.— 
(1) 
IDENTIFICATION
OF
INACCURATE 
RECORDS.—Not later than January 1 of each year, 
the Attorney General shall— 
(A) review the record of each person who 
is considered to have been adjudicated mentally 
incompetent or committed to a psychiatric hos-
pital by the Secretary of Veterans Affairs under 
subsection (d)(4) or (g)(4) of section 922 of 
title 18, United States Code, as a result of hav-
ing been found by the Secretary of Veterans Af-
fairs to be mentally incompetent; 
(B) identify each record reviewed under 
subparagraph (A) that does not include docu-
mentation indicating that the proceedings for 
the adjudication or commitment were conducted 
in accordance with, and resulted in an order or 
finding described in section 921(a)(38) of title 
18, United States Code, as added by this Act; 
and 
(C) submit to the Secretary of the Treas-
ury and the Committee on the Judiciary and 
the Committee on Veterans’ Affairs of the 
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House of Representatives and the Committee 
on the Judiciary and the Committee on Vet-
erans’ Affairs of the Senate a report providing 
the number of records identified under subpara-
graph (B) in the previous year. 
(2) RESCISSION.—Effective on the date on 
which the Attorney General submits a report under 
paragraph (1)(C), there is rescinded from the unob-
ligated balances in the appropriations account ap-
propriated under the heading ‘‘GENERAL ADMINIS-
TRATION’’ under the heading ‘‘DEPARTMENTAL AD-
MINISTRATION’’ under the heading ‘‘DEPART-
MENT OF VETERANS AFFAIRS’’ the amount 
equal to the product of— 
(A) the number of records that the report 
states were identified by the Attorney General 
under paragraph (1)(B); and 
(B) $10,000. 
(d) APPOINTMENT OF FIDUCIARIES.— 
(1) IN
GENERAL.—Chapter 55 of title 38, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 5511. Use of determinations. 
‘‘No determination by the Secretary that benefits 
under this title to which an individual is entitled shall be 
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paid to a fiduciary shall be considered to be a determina-
tion that the individual has been adjudicated mentally in-
competent for purposes of subsections (d)(4) and (g)(4) 
of section 922 of title 18.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 55 of title 38, United States Code, 
is amended by adding at the end the following: 
‘‘5511. Use of determinations.’’. 
SEC. 4. USE OF DETERMINATIONS MADE BY THE COMMIS-
SIONER OF SOCIAL SECURITY. 
(a) TITLE II.—Section 205(j) of the Social Security 
Act (42 U.S.C. 405(j)) is amended by adding at the end 
the following: 
‘‘(11) No determination by the Commissioner of So-
cial Security with respect to an individual, including a de-
termination that benefits under this title to which such 
individual is entitled shall be paid to a representative 
payee, shall be considered to be a determination that the 
individual has been adjudicated mentally incompetent for 
purposes of subsection (d)(4) or (g)(4) of section 922 of 
title 18, United States Code.’’. 
(b) TITLE XVI.—Section 1631(a)(2) of such Act (42 
U.S.C. 1383(a)(2)) is amended by adding at the end the 
following: 
‘‘(J) No determination by the Commissioner of Social 
Security with respect to an individual, including a deter-
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mination that benefits under this title to which such indi-
vidual is entitled shall be paid to a representative payee, 
shall be considered to be a determination that the indi-
vidual has been adjudicated mentally incompetent for pur-
poses of subsection (d)(4) or (g)(4) of section 922 of title 
18, United States Code.’’. 
(c) ENFORCEMENT.— 
(1) 
IDENTIFICATION
OF
INACCURATE 
RECORDS.—Not later than January 1 of each year, 
the Attorney General shall— 
(A) review the record of each person who 
is considered to have been adjudicated mentally 
incompetent or committed to a psychiatric hos-
pital under subsection (d)(4) or (g)(4) of sec-
tion 922 of title 18, United States Code, as a 
result of a determination by the Commissioner 
of Social Security Administration; 
(B) identify each such record that does not 
include documentation indicating that the pro-
ceedings for the adjudication or commitment 
were conducted in accordance with, and re-
sulted in an order or finding described in, sec-
tion 921(a)(38) of title 18, United States Code, 
as added by this Act; and 
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(C) submit to the Secretary of the Treas-
ury and Congress a report providing the num-
ber of records identified under subparagraph 
(B). 
(2) RESCISSION.— 
(A) IN GENERAL.—Effective on the date 
on which the Attorney General submits a report 
under paragraph (1)(C), there is rescinded from 
the unobligated balances in the Federal Old- 
Age and Survivors Insurance Trust Fund, the 
Federal Disability Insurance Trust Fund, the 
Federal Hospital Insurance Trust Fund, and 
the Federal Supplementary Medical Insurance 
Trust Fund, on a pro rata basis, the amount 
equal to the product of— 
(i) the number of records that the re-
port states were identified by the Attorney 
General under paragraph (1)(B); and 
(ii) $10,000. 
(B) TREATMENT OF AMOUNTS.—Amounts 
rescinded under subparagraph (A) shall be 
deemed to have been expended for costs de-
scribed in section 201(g)(1) of the Social Secu-
rity Act (42 U.S.C. 401(g)(1)). 
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