# What the Protecting Gun Rights and Due Process Act Actually Does

This bill makes it significantly harder for the government to prevent people from owning guns based on mental health reasons. It changes the legal definition of who can be disqualified from firearm ownership due to mental incompetence and creates new protections for certain groups, particularly veterans and Social Security recipients.

The core change involves redefining what "mentally incompetent" means for gun ownership purposes. Under current law, various mental health determinations can result in firearm restrictions. This bill narrows that definition substantially. Now, someone can only be disqualified if they've gone through a formal court hearing where they received personal notice, had a lawyer present, and a judge specifically found them mentally incompetent or not guilty by reason of insanity in a criminal case. Simple hospital admissions or voluntary psychiatric treatment no longer count. This means many people currently prohibited from owning guns could potentially regain that right.

The bill specifically protects veterans and Social Security beneficiaries. Veterans who were flagged as mentally incompetent by the Veterans Affairs Department must have their cases reviewed within 90 days to ensure they meet the new stricter standards. Similarly, people receiving Social Security benefits through a representative payee (someone managing their money because of disability) cannot be automatically disqualified from gun ownership just because of that arrangement. The bill essentially says that needing help managing money or receiving disability benefits doesn't automatically mean someone is too mentally impaired to own a firearm.

The bill also creates financial penalties if government agencies don't comply. If the Attorney General finds inaccurate records—people flagged as mentally incompetent who don't actually meet the new legal standards—the relevant agencies lose $10,000 per incorrect record from their budgets. This financial incentive is designed to push agencies to clean up their records and remove people who shouldn't be on the prohibited list.

Protecting Gun Rights and Due Process Act

Rep. Perry, Scott [R-PA-10]

Protecting Gun Rights and Due Process Act This bill establishes a framework to generally require mental health records of states and cerrtain federal agencies to be issued in accordance with procedural requirements (e.g., after a hearing) and meet certain criteria if they are used to disqualify individuals from receiving or possessing firearms under federal firearms laws.