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
CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

News  

Monday, December 22, 2025

CPRC’s Latest Report Outlines the Robust State of Concealed Carry in America

Dr. John Lott’s Crime Prevention Research Center (CPRC) has released its latest annual report on the state of concealed carry in the United States. 

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

DOJ (Again) Goes to Court to Defend 2A

News  

Monday, December 22, 2025

DOJ (Again) Goes to Court to Defend 2A

We recently reported that the Department of Justice (DOJ) announced it had created a new section under its Civil Rights Division—the first ever dedicated to protecting the constitutional right to keep and bear arms.  

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

News  

Monday, December 22, 2025

Evidence of Firearm Industry “Debanking” Uncovered as Trump Administration Takes Aim at Discriminatory Practices

President Donald Trump issued an Executive Order earlier this year on “politicized or unlawful debanking” and so-called “reputational risk” assessments that financial institutions used in denying services because of a customer’s political or religious beliefs ...

Gun Control Advocate to Lead Duke Center for Firearms Law

News  

Monday, December 22, 2025

Gun Control Advocate to Lead Duke Center for Firearms Law

“Developing Firearms Law as a Scholarly Field” is a worthy endeavor and exactly what the Duke Center for Firearms Law proclaims on their website as the Center’s mission. 

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

New Jersey: Senate Vote on Gun Bills Scheduled for Next Week

Friday, December 19, 2025

New Jersey: Senate Vote on Gun Bills Scheduled for Next Week

The gun-grabbing grinches of Trenton do not take a holiday break from trying to steal more rights from Garden State gun owners. As lawmakers spend December wrapping up a “lame duck” session, many gun bills ...

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.