Multiple bills introduced would prevent veterans from losing their Second Amendment right to purchase or own firearms when they receive help managing their Department of Veterans Affairs (VA) benefits.
Senators John Kennedy (R-LA), Jerry Moran (R-KS) and Congressman Mike Bost (R-IL-12) have introduced the Veterans Second Amendment Protection Act.
Under current VA policy, if a veteran appoints a fiduciary to assist with their benefits, unelected bureaucrats send their name to the NICS gun ban list—even though there has been no judicial ruling that they are a danger to themselves or others.
This forces veterans to choose between financial assistance and their right to own a firearm.
The bill would prohibit the Secretary of Veterans Affairs from transmitting a veteran’s personal information to NICS unless a relevant judicial authority rules that the beneficiary is a danger to himself or others.
Congressman Bost said this about introducing the bill:
“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. 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.”
Hunter King, Federal Affairs Director for NAGR, said this about the introduction of the bill:
“The National Association for Gun Rights fully supports the Veterans 2nd Amendment Protection Act because no bureaucrat should have the power to strip a veteran of their gun rights without proper due process,” said Hunter King, National Association for Gun Rights Director of Political Affairs. “The VA has no business sending names to the NICS list without a court ruling, and this bill stops that blatant infringement. Our veterans fought for our freedoms—it’s disgraceful that they must fight their own government to keep theirs. We commend Senators Kennedy and Moran, along with Chairman Bost, for taking action to end this unconstitutional abuse.”
Similarly, Congressman Chip Roy (R-TX-21) has introduced the Defending Veterans’ Second Amendment Rights Act.