Explore The NRA Universe Of Websites

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

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.”

Update 2/25/2025: 

On Tuesday, February 25th, the House Committee on Veterans’ Affairs, led by Chairman Mike Bost, held a legislative hearing to discuss H.R. 1041, the Veterans’ 2nd Amendment Protection Act, as well as a companion draft bill to retroactively restore the Constitutional rights of veterans who had been caught up in the VA’s gun grab scheme since 1993.  At the direction of newly confirmed Secretary Doug Collins, President Trump’s pick to lead the VA, VA officials testified that the Department now supports both H.R. 1041 and the related discussion draft. This testimony represents a profound transition away from the anti-gun policies of the past and highlights President Trump’s commitment to ensuring his executive agencies respect the Second Amendment in all aspects of administrative policy.

Update 5/5/2025: 

On Tuesday, May 6th, the House Committee of Veterans’ Affairs, led by Chairman Mike Bost will hold a markup of H.R. 1041, the Veterans’ 2nd Amendment Protection Act. A markup is an important legislative step which allows a full committee to favorably report legislation for consideration by the full U.S. House of Representatives. The markup will be held at 10:15 a.m. and can be viewed on the Committee’s website.

NRA-ILA will monitor this markup and will keep you informed as this legislation continues to move through Congress.

TRENDING NOW
Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

Fourth Circuit Strikes Down Maryland’s “Vampire Rule,” but Upholds Other Carry Restrictions in NRA Case

Tuesday, January 20, 2026

Fourth Circuit Strikes Down Maryland’s “Vampire Rule,” but Upholds Other Carry Restrictions in NRA Case

The Fourth Circuit Court of Appeals issued a decision today in Kipke v. Moore, an NRA-supported case challenging Maryland’s sweeping carry restrictions enacted as part of the Gun Safety Act of 2023.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

Washington: Senate Passes Gun-Free Zone Expansion Bill

Wednesday, January 21, 2026

Washington: Senate Passes Gun-Free Zone Expansion Bill

Yesterday, January 21st, the Senate held the final vote on Senate Bill 5098, a carry-over bill from the 2025 session that effectively turns the entire state of Washington into a "gun-free" zone. 

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.