Bad timing.

Roll Call Vote 118th Congress – 1st Session
Vote Summary
Question: On the Amendment (Kennedy Amdt. No. 1354 )
Vote Number: 268
Vote Date: October 25, 2023, 03:10 PM
Required For Majority: 1/2
Vote Result: Amendment Agreed to
Amendment Number: S.Amdt. 1354 to S.Amdt. 1092 to H.R. 4366 (No short title on file)

Statement of Purpose: To prohibit the availability of funds for the Secretary of Veterans Affairs to report certain information to the Department of Justice for use by the National Instant Criminal Background Check System.

Vote Counts:
YEAs 53
NAYs 45
Not Voting 2

Missouri: Hawley (R-MO), Yea Schmitt (R-MO), Yea

[emphasis added]

(Sec. 422) This section prohibits funds provided by this bill from being used to report certain determinations regarding a veteran’s mental incompetency to the National Instant Criminal Background Check System, which is used to conduct background checks to determine if an individual is eligible to receive a firearm.

[….]
Sec. 422. None of the funds made available by this Act may be used by the Secretary of Veterans Affairs to report a determination under section 5502 of title 38, United States Code, and section 3.353 of title 38 of the Code of Federal Regulations, to the Department of Justice National Instant Criminal Background Check System established pursuant to section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
[….]

38 CFR § 3.353
§ 3.353 Determinations of incompetency and competency.

(a) Definition of mental incompetency. A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation.
[….]

Previously:

A look in the mirror (October 26, 2023)