Prohibit the VA from reporting veterans to the NICS?

Crime and Law Enforcement (e.g., Gun Laws)
Veterans 2nd Amendment Protection Act (H.R. 1041)
This bill has Passed the House of Representatives
Bill Summary

This bill would prohibit the Department of Veterans Affairs (VA) from reporting veterans and other VA beneficiaries to the National Instant Criminal Background Check System (NICS) solely because the VA has determined that they need a fiduciary to manage their benefits. Under the bill, a beneficiary could only be reported if a judicial authority finds that the individual is a danger to themselves or others. The legislation would also require the VA to notify the Department of Justice that previous referrals based solely on fiduciary determinations should no longer serve as a basis for firearm prohibitions. Additionally, the bill specifies that a VA determination of mental incompetence or the need for a fiduciary does not by itself constitute an adjudication as a "mental defective" for federal firearms purposes. Sponsor: Rep. Mike Bost (Republican, Illinois, District 12)
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Opponents say

•      "Background checks are the foundation of any comprehensive gun violence prevention strategy. Current federal law requires that background checks be conducted whenever a person attempts to buy a gun from a licensed gun dealer. This is to ensure that the buyer is not legally prohibited from having the gun. Since federal law began requiring these background checks in 1994, background checks have blocked millions of sales to people with felony convictions or other prohibiting histories." Source: Everytown for Gun Safety

Proponents say

•      "The men and women who have served and defended Constitutional rights for generations of Americans should not have to worry that they will be reported to NICS and lose their rights simply because they need help managing their books. Under current law there is no permanent ban on this reporting in place. And I know that because of this reporting process too many veterans fear going to VA for their earned care and services. I am thrilled that we reported my bill, the Veterans 2nd Amendment Protection Act, out of my Committee today. We are one step closer to granting veterans with fiduciaries the due process and peace of mind they have undoubtedly earned. Veterans should never be treated like second-class citizens and today we have made that message perfectly clear." Source: Rep. Mike Bost (Republican, Illinois, District 12), sponsor of H.R. 1041 and Chairman of the House Committee on Veterans’ Affairs.


•      "I will never stand by while the very government our veterans fought to defend tries to strip away their constitutional rights without due process. That a veteran who simply needs help managing their finances can lose their Second Amendment rights without ever stepping foot in a courtroom is unacceptable. The Veterans 2nd Amendment Protection Act restores common sense by making it clear that only a court of law, not a VA bureaucrat, can decide whether a veteran should lose a constitutional freedom. Our veterans put everything on the line to defend our rights, and I will work to defend theirs." Rep. Morgan Luttrell (Republican, Texas, District 8), Chairman of the House Committee on Veterans' Affairs Subcommittee on Disability Assistance and Memorial Affairs


•      "I am pleased to see the House Committee on Veterans’ Affairs add my language from H.R. 496 to the Veterans 2nd Amendment Protection Act. This addition strengthens the bill, ensuring the retroactive removal of veterans who were wrongly added to the FBI’s NICS list. This progress is long overdue, and I look forward to monitoring the legislation as it moves toward a vote on the House floor." Source: Rep. Eli Crane (Republican, Arizona, District 2)


•      "This vote represents a significant victory and another step in the right direction of eradicating this terrible practice and should be celebrated by veterans and all Americans alike.On behalf of millions of NRA members and veterans nationwide, we applaud the U.S. House for voting to protect our veterans and honoring their service by ensuring that they are not treated as second class citizens." Source: John Commerford, Executive Director of the Institute for Legislative Action (ILA), the lobbying arm of the NRA

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