Buckeye Reporter

A policy by the U.S. Department of Veterans Affairs (VA) has come under scrutiny for revoking veterans' rights to own firearms without due process, prompting a bipartisan legislative effort.

The VA fiduciary program was designed to help veterans who cannot manage their VA benefits independently due to health conditions. A fiduciary is appointed to oversee their finances. Since 1993, the VA has reported these veterans to the National Instant Criminal Background Check System (NICS) as "adjudicated as a mental defective," which leads to an automatic firearm prohibition.

Critics argue this practice violates veterans' due process and Second Amendment rights, as it imposes restrictions administratively without a court hearing or medical evaluation. Jim Whaley, CEO of Mission Roll Call, notes that this creates a "stigma" deterring veterans from seeking needed care.

In response, Congress members have introduced the Veterans 2nd Amendment Protection Act in both chambers. The House bill (H.R. 1041) and Senate companion (S. 478) are sponsored by Rep. Mike Bost (R-Illinois) and Sen. John Kennedy (R-Louisiana), respectively.

The proposed legislation aims to prevent automatic NICS reporting based solely on fiduciary assignment and requires judicial determination for firearm restrictions if a veteran is deemed dangerous.

H.R. 1041 was introduced on February 6 and has over 60 Republican cosponsors, including House Veterans’ Affairs Committee members Morgan Luttrell (R-Texas) and Mariannette Miller-Meeks (R-Iowa). S. 478 also has significant support with 18 cosponsors, including Sen. Jerry Moran (R-Kansas).

Both bills were introduced after a February hearing where Chairman Bost emphasized the importance of codifying due process protections: “Veterans should never be forced to choose between receiving VA assistance and their fundamental rights.”

By linking firearm restrictions to judicial findings rather than administrative decisions, the bills aim to align veterans' rights with those of civilians. Rep. Bost stressed that this change addresses procedural injustice rather than expanding gun access.

As reform progresses, lawmakers hope no veteran will lose their rights simply for seeking assistance.

Republished with permission from NSSF.