The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act (H.R. 1041/S. 478).
This legislation would reverse a controversial and longstanding policy by which veterans are stripped of their constitutional right to possess a firearm without due process, simply because they have been assigned a fiduciary to help manage the Department of Veterans Affairs (VA) benefits they’ve earned through suffering a service-connected disability.
“It should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their books – but under current law they are,” said Representative Bost. “Without a permanent fix in place, VA bureaucrats can continue to strip veterans with fiduciaries of their Second Amendment right with no court ruling in place that they are a danger to themselves or others. It’s as simple as that. I have heard from too many veterans that VA’s current NICS reporting measures prevent them from seeking mental health care at VA – we must change that. I want to thank Chairman Moran, Senator Kennedy, and my House colleagues for working with me last Congress to pass a temporary solution, but veterans need a permanent fix. House and Senate Republicans will fulfill the American people’s mandate to get this bill to President Trump’s desk to protect veterans’ due process and constitutional rights for good.”
"Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights," said Senator Moran. "Our nation should be encouraging veterans to utilize VA services, not discouraging them by denying them due process. The Veterans Second Amendment Protection Act makes certain that the rights of those who have served are protected, and that veterans are not penalized for receiving support that they have earned and deserve. I thank Sen. Kennedy for his partnership in this effort.”
“Our veterans should not receive less due process rights than other Americans just because they served our country and asked the federal government for a helping hand,” said Senator Kennedy. “Under the VA’s interpretation of the law, however, unelected bureaucrats punish Louisiana and America’s veterans by forcing them to choose between their Second Amendment rights and getting the help they need as they manage their financial affairs. I’m proud to introduce the Veterans 2nd Amendment Protection Act to stand up for veterans’ constitutional rights by ending this unfair practice.”
In the administration of these benefits, VA officials, most without any special mental health training or judicial authority, may make a determination of “incompetence” for the purposes of evaluating a veteran’s “capacity to contract or to manage his or her own affairs, including disbursement of funds.” This alone is an understandable measure to ensure that if veterans need help managing finances, the VA benefits would go to someone who can provide that help, usually someone within the beneficiary’s own family or household chosen by the veterans themselves. Notably, this determination does not require any finding that a beneficiary is dangerous to self or others, mentally ill, suicidal, etc.
Nevertheless, since 1998, VA has been using this process to report hundreds of thousands of veterans who have been assigned these fiduciaries to the National Instant Criminal Background Check System (NICS) as “mental defectives,” thereby ending their legal right to possess a firearm.
Last year, NRA-ILA secured a provision in the FY2024 appropriations process that defunded VA’s ability to submit the names of veterans with fiduciaries to NICS without a determination by a judicial authority deeming that a veteran is a danger to him or herself, or others.
Shamefully, the VA has rebuffed this effort, claiming that it “could not” and “would not” comply with the legislation. It is apparent, therefore, that VA’s anti-gun policies are so entrenched that a permanent legislative solution is the only path forward.
The NRA is proud to support the Veterans 2nd Amendment Protection Act, which simply prohibits the VA from submitting the names of veterans to NICS without first establishing that the veterans are a danger to themselves or others and offers veterans the opportunity to dispute those claims. “All Americans are guaranteed the right to due process under the Constitution,” said John Commerford, Executive Director of NRA-ILA. “Regrettably, veterans who have VA benefits administered through a fiduciary have been held to a different standard when it comes to their Second Amendment rights. The NRA thanks Chairman Bost, Chairman Moran and Senator Kennedy for their commitment to reversing this blatantly unconstitutional policy.”
NRA-ILA will keep you apprised of updates as these bills move through Congress.
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