Metro East Sun

House and Senate Republicans have introduced legislation to address the rights of veterans with fiduciaries concerning the Second Amendment. The bill, H.R. 1041, known as the Veterans 2nd Amendment Protection Act, seeks to ensure that no Department of Veterans Affairs (VA) official can revoke a veteran's right to bear arms without a court ruling deeming them a danger to themselves or others.

Since 1993, veterans requiring assistance in managing finances due to disabilities have been automatically reported to the FBI’s National Instant Criminal Background Check System (NICS) list, losing their legal right to purchase firearms. Temporary measures in the FY 2024 MilCon/VA Appropriations bill halted this practice until March 14, 2025. A permanent legislative solution is now being sought.

Chairman Mike Bost stated, “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.” He emphasized the need for a lasting solution following temporary measures passed by Congress.

Chairman Jerry Moran added, "Veterans should never be forced to choose between receiving assistance from VA and their fundamental Second Amendment rights." Senator John Kennedy highlighted his commitment by stating, “I’m proud to introduce the Veterans 2nd Amendment Protection Act to stand up for veterans’ constitutional rights.”

The American Legion and other veteran organizations support this initiative. Mario Marquez of The American Legion said it addresses an "ongoing injustice within the Department of Veterans Affairs."

Jack McManus from Vietnam Veterans of America criticized existing processes that placed over 240,000 veterans on the NICS list without due process as unconstitutional. Marlene Sallo from the National Disability Rights Network emphasized that veterans should not lose fundamental rights based on assumptions about disabilities.

Robert Olivarez Jr., representing Military Order of the Purple Heart, called current practices "dangerous and irresponsible." Andrew Tangen from NACVSO stressed reform while acknowledging VA's role in protecting veteran safety.

Hunter King from The National Association for Gun Rights stated, “No bureaucrat should have the power to strip a veteran of their gun rights without due process.” Dave Weber from AMAC Action underscored ensuring equal Constitutional rights for veterans.

John Commerford of NRA-ILA supported guaranteeing constitutional protections for veterans similar to other citizens. Lawrence G. Keane from NSSF noted that needing financial assistance does not justify disqualifying veterans from purchasing firearms legally.

The proposed bill has backing from numerous House members and several senators including Chuck Grassley and Steve Daines among others.