Explore The NRA Universe Of Websites

U.S. House Passes NRA-Backed Bill to Protect Second Amendment Rights of America’s Veterans

Friday, March 17, 2017

U.S. House Passes NRA-Backed Bill to Protect Second Amendment Rights of America’s Veterans

On Thursday, the U.S. House of Representatives passed H.R. 1181, the Veterans 2nd Amendment Protection Act, sponsored by Phil Roe, M.D. (R-TN), Chairman of the House Committee on Veterans Affairs. The bill now moves to the U.S. Senate.

H.R. 1181 in many respects mirrors a recently enacted resolution to repeal an Obama-era Social Security Administration (SSA) rule that sought to deprive certain SSA beneficiaries of their Second Amendment rights.

A federal statute prohibits firearm acquisition or possession by anyone who has been “adjudicated as a mental defective.” The statute, however, does not define the meaning of this term.

Like the SSA, the Department of Veterans Affairs (VA) interprets the phrase very broadly. It considers any VA beneficiary who is declared “incompetent” to manage his or her benefits and assigned a fiduciary for assistance to be a prohibited “mental defective.”

This is even broader and more arbitrary than the invalidated SSA rule. That rule at least excluded beneficiaries who were minors or of retirement age and applied only where the underlying condition that qualified the person for Disability benefits or Supplemental Security Income was itself a mental condition.

The VA’s practice, however, has no such limitations. It applies to all beneficiaries receiving benefits for any reason who are assigned a fiduciary. The VA’s position is that an admission or finding that a fiduciary is needed is tantamount to an “adjudication” that a person “lacks the mental capacity” to “manage his own affairs.”  

But in most cases, these decisions are summary bureaucratic actions. They very rarely involve a hearing, much less lawyers or judges. So calling them an “adjudication” is inaccurate.

It’s also false to claim that needing help with finances is the sort of “mental defectiveness” Congress intended would prevent a person from being eligible to exercise his or her Second Amendment rights.

Mental health experts warn that there is no connection between financial acumen and a person’s ability safely and responsibly to handle a firearm. That point was made again and again in the context of the debate on the SSA bill.

Thus, the same arguments against the SSA rule apply just as strongly, if not more so, against the VA’s regime.

In other words, the VA’s regime is unconstitutional; inconsistent with the underlying statute; unsupported by science or empirical evidence establishing any link between financial acumen and the ability to safely and responsibly handle firearms; and harmfully stigmatizing. It also serves as a deterrent for vulnerable people who need help and benefits from seeking them.

In addition to all that, it presents the bitter irony of being targeted directly at the very people who bore the cost for the freedoms that all Americans enjoy.

The Veterans 2nd Amendment Protection Act would correct these deficiencies by ensuring that no beneficiary could be reported to NICS as a prohibited “mental defective” unless a judicial authority (such as a judge or magistrate) first determined the person to be a danger to self or others.

That leaves options in the case of a person experiencing an acute episode of dangerous mental illness, while also ensuring that veterans are not arbitrarily denied their rights without due process of law.

Meanwhile, the media is whipping up the usual frenzy about Congress “giving guns” to the “mentally ill.”

Even the self-styed legal experts from The View got in on the act, going so far as to encourage their viewers to contact their congressional representatives to object. Their comments on the bill and its effects, unsurprisingly, were rife with misunderstanding and misinformation.

Due process, as well as Second Amendment rights, are fundamental liberties that all Americans enjoy. They are exactly the sorts of rights for which America’s veterans have sacrificed so much. The fact that the VA would infringe them in this manner is a national disgrace and one that is long past due for correction.

The NRA thanks Speaker Paul Ryan (R-WI), Majority Leader Kevin McCarthy (R-CA), and Majority Whip Steve Scalise (R-LA), as well as Chairman Roe, for their leadership in this critical effort.

The U.S. Senate should swiftly follow their lead and send the Veterans 2nd Amendment Protection Act to President Trump’s desk.

TRENDING NOW
Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

News  

Monday, January 13, 2025

Reported ATF Email Sparks Concerns of Braced Pistol Crackdown

On Friday, Gun Owners of America published an email reportedly received by one of its members in response to a question to ATF about whether adding a brace to a CZ Scorpion pistol would convert ...

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

News  

Monday, January 13, 2025

U.S. Appellate Court Issues Case on Marijuana Use and Firearm Possession

Last Monday, the U.S. Court of Appeals for the Fifth Circuit – which encompasses Louisiana, Mississippi, and Texas – reversed the conviction of a man under a federal law that prohibits firearm possession by one ...

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Wednesday, January 8, 2025

Illinois: Gun Seizure Mandate Passes House, Headed to Governor's Desk

Last night, HB 4144 passed the Illinois House by a vote of 80-33 in the final hours of the General Assembly’s lame duck session. It now goes to the Governor for his signature.

Colorado: Semi-Auto Ban Introduced on First Day of Session

Thursday, January 9, 2025

Colorado: Semi-Auto Ban Introduced on First Day of Session

Without skipping a beat, anti-gun legislators in Colorado have introduced a near all-encompassing ban on semi-automatic firearms on the first day of the legislative session.

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

News  

Wednesday, January 8, 2025

Urge Congress to Protect Your Right to Carry – Contact Your Member of Congress Today!

Dear NRA Member: U.S. Representative Richard Hudson (R-NC) has reintroduced the Constitutional Concealed Carry Reciprocity Act (H.R. 38). Representative Hudson, the longstanding champion of this legislation, along with more than 120 of his colleagues have ...

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

Friday, January 10, 2025

Washington: Gun-Free Zone Bill Scheduled for Hearing Tuesday

The Washington State legislature is wasting no time in their efforts to erode your Second Amendment rights. The legislature will convene the 2025 session on Monday and has already scheduled a committee hearing for a "gun-free" zone ...

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

News  

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights.

Good News, Bad News on ATF Director Dettelbach

News  

Monday, January 6, 2025

Good News, Bad News on ATF Director Dettelbach

It’s really just good news to report that Joe Biden’s director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Steven Dettelbach, has announced his resignation.  

Interest in Firearms Training Increasing in Finland

News  

Monday, January 13, 2025

Interest in Firearms Training Increasing in Finland

Finland is not great when it comes to regulating guns.  Like most of Europe, there are a great many restrictions, such as permit, registration, training, and storage requirements, as well as limitations on the types ...

The Great Canadian Gun Grab – The End is Near?

News  

Monday, January 6, 2025

The Great Canadian Gun Grab – The End is Near?

As we noted in a previous alert, in early December Canada’s governing Liberal Party announced 324 more models and “variants” of firearms had been added to the list of banned “military grade assault weapons” initially ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.