Legislation has been introduced in both the U.S. Senate and House of Representatives that would prevent veterans from losing their Second Amendment right to purchase or own firearms when they receive help managing their Department of Veterans Affairs benefits.
Sen. Jerry Moran (R-Kan.) and Rep. Mike Bost (R-Ill.) – chairmen of the Senate and House Committees on Veterans’ Affairs – and Sen. John Kennedy (R-La.) recently introduced the Veterans Second Amendment Protection Act.
“Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights," said Moran. "Our nation should be encouraging veterans to utilize VA services, not discouraging them by denying them due process.
The Republicans claim that under the current law, when VA appoints a fiduciary to a veteran who needs assistance managing their finances and VA benefits because of a disability, the veteran is reported to the FBI’s National Instant Criminal Background Check System list. They claim that this leads to the veteran losing their ability to purchase and own a firearm, absent any due process and without findings by a court of law that the veteran may be a danger to themselves or others.
The legislation is cosponsored by Sens. Chuck Grassley (R-Iowa), Steve Daines (R-Mont.), Marsha Blackburn (R-Tenn.), Pete Ricketts (R-Neb.), Mike Rounds (S.D.), Kevin Cramer (N.D.), Jim Banks (R-Ind.), Thom Tillis (R-N.C.), Bill Cassidy (R-La.), John Boozman (R-Ark.), Rick Scott (R-Fla.), Tommy Tuberville (R-Ala.), Lisa Murkowski (R-Alaska) and Tim Sheehy (R-Mont.).
Moran and Kennedy authored an amendment to the Military Construction and Veterans Affairs Appropriations Act of 2024 that was signed into law by President Joe Biden that afforded veterans with fiduciaries their Second Amendment rights. That temporary policy is set to expire on March 14, 2025, without a permanent legislative fix in place.
Bost said it should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their finances.
“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 to themselves or others,” he said. It’s as simple as that. I have heard from too many veterans that VA’s current NICS reporting measures prevent them from seeking mental health care at VA – we must change that.”
Kennedy said that veterans should not receive less due process rights than other Americans just because they served the country and asked the federal government for a helping hand.
“Under the VA’s interpretation of the law, however, unelected bureaucrats punish Louisiana and America’s veterans by forcing them to choose between their Second Amendment rights and the help they need as they manage their financial affairs,” he said.
The bill is supported by The American Legion, Veterans of Foreign Wars, Military Order of the Purple Heart and the National Rifle Association.
“Our nation’s veterans swore to support and defend the constitution, including the right to due process, and should not have their own rights to purchase and own firearms arbitrarily infringed by department bureaucrats,” said Mario A. Marquez, The American Legion Executive Director of Government Affairs. “Our nation’s veterans swore to support and defend the constitution, including the right to due process, and should not have their own rights to purchase and own firearms arbitrarily infringed by department bureaucrats.
Paralyzed Veterans of America, the National Disability Rights Network, Vietnam Veterans of America, the Black Veterans Empowerment Council, the National Shooting Sports Foundation, the National Association of County Veterans Service Officers, Gun Owners of America, AMAC Action, the Firearms Regulatory Accountability Coalition, Turning Point Action, and National Association for Gun Rights also support the legislation.
The full text of the legislation can be found here.
Reach Julia LeDoux at Julia@connectingvets.com.