Buckeye Reporter

Legislation aimed at protecting veterans' Second Amendment rights has been reintroduced by key figures in the U.S. Congress. The Veterans 2nd Amendment Protection Act, identified as H.R. 1041/S. 478, is spearheaded by Rep. Mike Bost (R-IL-12), Sen. Jerry Moran (R-KS), and Sen. John Kennedy (R-LA). This bill seeks to overturn a policy that removes veterans' rights to possess firearms without due process when they are assigned fiduciaries to manage their Department of Veterans Affairs (VA) benefits.

Rep. Bost stated, "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." He emphasized the need for a permanent solution to prevent VA bureaucrats from stripping veterans with fiduciaries of their Second Amendment rights without a court ruling.

Senator Moran added, "Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights." He stressed the importance of encouraging veterans to use VA services without denying them due process.

Senator Kennedy also expressed his support: “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.”

The current system allows VA officials, often lacking mental health training or judicial authority, to determine a veteran's "incompetence" regarding financial management, leading to reporting these individuals as "mental defectives" in the National Instant Criminal Background Check System (NICS). This practice has resulted in many losing their legal right to own firearms since 1998.

In response, last year saw efforts by NRA-ILA during the FY2024 appropriations process that defunded VA’s ability to submit names of veterans with fiduciaries to NICS unless deemed dangerous by judicial authority. However, this was met with resistance from the VA.

John Commerford of NRA-ILA remarked on this issue: “All Americans are guaranteed the right to due process under the Constitution.” He criticized how veterans have been held differently concerning their Second Amendment rights and thanked those committed to reversing this policy.

On February 25th, Chairman Bost led a legislative hearing discussing H.R. 1041 and related measures aimed at restoring constitutional rights retroactively for affected veterans since 1993. Under Secretary Doug Collins’ direction, appointed by President Donald J. Trump, VA officials testified in support of both H.R. 1041 and its companion draft bill—marking a shift away from previous anti-gun policies within the department.