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May 12, 2025
Veterans 2A Privacy Act Advances on Path to Correcting Flawed Policy
Congress is working on righting a wrong that’s been a limiting factor for veterans who seek care they need from the Department of Veterans Affairs. A lingering policy was punishing veterans who need a fiduciary, or someone to assist managing their finances. Bureaucrats within the Veterans Affairs Department are submitting those veterans’ names to the FBI’s National Instant Criminal Background Check System (NICS) as prohibited individuals – all without a judicial hearing or even any of the legal factors that might disqualify them from legally purchasing or possessing a firearm.
Congress is working to end that practice now.
The U.S. House Committee on Veterans Affairs held a bill markup hearing where H.R. 1041, the Veterans Second Amendment Protection Act was discussed. The NSSF-supported legislation was approved, and if passed by both chambers and signed into law by President Donald Trump, would correct the policy that denies veterans their Second Amendment and Due Process rights.
Chairman’s Bill
House of Representatives Veterans Affairs Committee Chairman Mike Bost (R-Ill.) understands the importance of this legislation. He served in the U.S. Marine Corps and is a great friend to military veterans. It’s why he’s sponsored the Veterans Second Amendment Protection Act. NSSF has praised his efforts and has long recognized America’s veterans need this policy corrected.
During the hearing, Chairman Bost laid out why military veterans shouldn’t be forced to make the difficult decision between seeking needed health benefits and keeping their Second Amendment rights.
“Unless a judge or court first decides that a veteran could be a danger to themselves up to themselves or to others, VA will sometimes appoint a fiduciary for a veteran to help them manage their VA financial benefits. As I said earlier, that appointment of a fiduciary has nothing to do with a veteran being a danger to themselves or others,” the chairman explained. “Yet, as soon as a veteran gets a fiduciary, a bureaucrat automatically sends the veteran’s name to the NICS list. No due process exists. None. Veterans with fiduciaries are then prohibited from owning or buying a firearm for whatever reason, for whatever reason they want.
“I have personally had veterans tell me for years that this current practice is the number one reason why they will not go to the VA for care and services,” Chairman Bost added during the markup hearing. “That is unacceptable.”
Veterans Advocates Support Change
Chairman Bost’s Veterans Second Amendment Protection Act currently has 50 cosponsors in the House. Several veteran advocacy groups, including Veterans of Foreign Wars, Disabled American Veterans and American Legion, have supported fixing the VA’s policy as well. Earlier this year, Nancy Springer, Associate Director for National Legislative Services at Veterans of Foreign Wars of The United States (VFW), testified before a separate hearing and offered this blunt critique of the current policy and need for it to be fixed.
“Because of the somewhat subjective VA incompetency determination process and related loss of Second Amendment rights, some veterans refuse to use VA health care for fear of inadvertently making a disqualifying statement or disclosing a temporary disabling condition that could lead to NICS referral. This stigma unnecessarily deprives veterans of their earned benefits and could compromise their physical and mental health,” Springer told Congressional members.
“It is both sad and ironic that the veterans’ community, a community in which each and every member swore to uphold the Constitution of the United States – including the 2nd Amendment — requires advocacy to maintain their constitutional right to bear arms,” The American Legion posted to their website. “Unless deemed unfit to possess weapons by a judicial authority with the full benefit of due process, The American Legion believes that each veteran, regardless of disability, should maintain the right to possess a firearm.”
Jim Whaley, a 20-year Army veteran and the CEO of the veteran advocacy group Mission Roll Call, offered his praise for the legislation as well, applauding lawmakers for seeking a legislative fix to the problematic previous reporting requirement.
“Their [veterans] Second Amendment rights are clearly violated, because a judge is never involved in that,” Whaley said. “It’s an administrative action. So, I think everybody realizes that’s not fair, especially for those that are defending our rights.”
New Congress, New President
The Veterans Second Amendment Protection Act was previously temporarily included in the annual appropriations package that Congress passed and that was enacted last year, but only as a one-year fix denying VA from submitting any veterans receiving fiduciary help into NICS. That one-year fix will soon expire, thus exemplifying why a full legislative correction is needed in the form of Chairman Bost’s bill. Advancing out of the Veterans Affairs Committee by a vote of 13-11 is a major step as the bill can now be voted on by the full House of Representatives.
Now with a pro-Second Amendment majority in the House of Representatives and in the U.S. Senate, along with President Donald Trump in The White House, the prospects for a full legislative fix happening are high. Along with the solid support of cosponsors in the House, U.S. Sen. John Kennedy (R-La.) introduced companion legislation in the Senate, where there are 15 cosponsors as well.
America’s veterans have given so much in service to their country. Many require help to heal and need to receive services they’ve earned from a government agency created to provide those services. They shouldn’t feel hesitant to seek treatments out of fear they will be denied Constitutional rights they fought and risked their lives defending.
NSSF praises Chairman Bost and the members of the committee for advancing the Veterans Second Amendment Protection Act and strongly urges all Members of Congress to support this important legislation when it comes up for a floor vote.
You may also be interested in:
Congress Must Act to Stop Biden Administration Abuse of Veterans, FBI NICS
NSSF Commends House and Senate Veterans 2nd Amendment Protection Act Introductions
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