House Committee on Veterans’ Affairs Chairman Mike Bost said on Apr. 17 that the Federal Bureau of Investigation and Department of Veterans Affairs have removed veterans with fiduciaries from the National Instant Criminal Background Check System list. This change affects veterans who were previously added to the list without a court order, solely because they sought help managing their VA benefits.
The issue concerns constitutional due process rights for veterans. The previous policy automatically reported these individuals to the FBI’s background check system, which restricted their ability to legally purchase or own firearms.
“Veterans have earned the same due process rights as every other American. The VA’s longstanding policy of discriminating against veterans with fiduciaries — and automatically reporting them to the FBI’s NICS list — is a practice that unfairly targets the very men and women who served our country and undermines the constitutional protections they fought to defend,” said Chairman Bost. “That’s why I proudly fought to end this policy for good and grant veterans who need help managing their VA benefits the due process they have earned. I am pleased to see Secretary Collins and the Trump administration taking the next step in this process of restoring these rights — this is long overdue. I look forward to passing my bill, HR 1041, the Veterans Second Amendment Protection Act to provide a permanent solution and ensure that the rights of our veterans are protected and respected.”
Before this change, since 1993, any veteran seeking assistance from a fiduciary was immediately reported by a VA official to NICS without an additional finding by a court or medical professional regarding potential danger. The Fiscal Year 2024 MilCon/VA Appropriations bill had ended this practice only temporarily; H.R. 1041 aims for permanent protection by ensuring equal due process for all affected veterans.
H.R. 1041 also includes provisions requiring removal from NICS for those listed solely because they have a fiduciary but keeps those deemed dangerous by court order on it.
Several organizations support these changes, including National Disability Rights Network, Bazelon Center for Mental Health Law, The American Legion, Vietnam Veterans of America, Gun Owners of America, National Rifle Association, National Association for Gun Rights, National Shooting Sports Foundation, Mission Roll Call, Association of Mature American Citizens Action, Black Veterans Empowerment Council, National Association of County Veterans Service Officers and Vickie Paladino.
