Explore The NRA Universe Of Websites

APPEARS IN News

Disarming of Veterans Brings Further Shame to Troubled VA

Wednesday, July 1, 2015

In mid-April, Sen. Chuck Grassley, R-Iowa, brought some renewed attention to the plight of a growing number of veterans who have been unjustly stripped of their Second Amendment-protected rights. In an April 14, 2015, letter to then-Attorney General Eric Holder, Grassley took the Department of Veterans Affairs (VA) to task for over-reaching policies that have resulted in the names of well over 100,000 veterans and dependents being placed in the FBI’s National Instant Criminal Background Check System (NICS) as prohibited from possessing firearms.

Federal agencies are required to forward information to the FBI about individuals who have been disqualified by agency action from legally possessing firearms. This includes information about disqualifying mental health “adjudications” and “commitments.” The VA’s interpretation of what constitutes a disqualifying mental health adjudication, however, has resulted in widespread, unjustified deprivation of Second Amendment-protected rights and Fifth Amendment due process rights.

As Grassley’s letter pointed out, federal regulation allows the VA to determine whether its beneficiaries need a “fiduciary” to manage their benefits. Veterans who the agency determines need help administering their VA compensation are then labeled “mental defectives” and reported to NICS to be barred from firearm acquisition and possession, alongside the likes of felons, fugitives and the dishonorably discharged. The process of assigning a fiduciary, however, does not require the VA to consider whether the veteran actually poses a danger to himself or others or is seriously functionally impaired in any other respect. Indeed, the VA’s own website states, “The determination that you are unable to manage your VA benefits does not affect your non-VA finances, or your right to vote or contract.”

For veterans who choose to contest the appointment of a fiduciary, VA procedure offers scant protection. Typically, deprivation of a fundamental constitutional right requires significant due process, as required by the Fifth Amendment (for example, a criminal trial). As Grassley’s letter made clear, the procedures VA employs fall well below acceptable due process standards and place the burden of proof upon the veteran to seek redress after the fact.

NRA has long been aware of the ongoing abuses at the VA and has worked with our allies in Congress to remedy the situation. Since the 112th Congress, NRA has sought to advance the “Veterans Second Amendment Protection Act.” This legislation would require a judicial finding that a person under the VA’s care poses a danger to himself or others before the person could be considered to have been “adjudicated as a mental defective” and stripped of his or her firearm rights.

NRA appreciates Grassley’s work in bringing further attention to this shameful state of affairs. Moving forward, NRA will continue to pursue every avenue available to correct this wrong. 

TRENDING NOW
Guns and Taxes

News  

Thursday, December 6, 2018

Guns and Taxes

David Hogg wants a federal tax on firearms and ammunition. He has repeatedly broached the idea, including multiple times on Twitter, and only sometimes suggests a use for the tax revenue. Hogg’s tweets on a ...

Washington: Anti-Gun Group Announces 2019 Agenda

Friday, December 7, 2018

Washington: Anti-Gun Group Announces 2019 Agenda

On December 5th, the Alliance for Gun Responsibility, a group backed by out-of-state elites, announced it will pursue its most extreme anti-gun legislative agenda to date during the upcoming 2019 Washington Legislative Session.

More Proof That Being a “Celebrity” Does Not Make You Smart

News  

Thursday, December 6, 2018

More Proof That Being a “Celebrity” Does Not Make You Smart

In a November 30 tweet, Tom Arnold, famous for being married to Roseanne Barr and making a few really bad movies, has proven that he knows nothing about guns, gun owners or firearm misuse.

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

News  

Thursday, December 6, 2018

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

The U.S.’s republican form of governance is predicated on co-equal branches of government that check and balance each other in order to preserve individual liberty. The system does not work when one branch simply ignores ...

Surprise: Study Finds No Rise in Violent Crime Attributable to Adopting Right-to-Carry Laws

News  

Thursday, December 6, 2018

Surprise: Study Finds No Rise in Violent Crime Attributable to Adopting Right-to-Carry Laws

As we’ve noted recently, much research purporting to demonstrate connections between access to guns or right-to-carry laws and increases in crime is seriously flawed.  Often it's an attempt to curtail or eliminate Americans’ rights under the Second ...

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Warning to New Mexico Gun Owners: Expect Unprecedented Attacks On Your Second Amendment Rights During The 2019 Legislative Session

Wednesday, December 5, 2018

Warning to New Mexico Gun Owners: Expect Unprecedented Attacks On Your Second Amendment Rights During The 2019 Legislative Session

While the New Mexico Legislature will not convene for its 60-day Regular Session until January 15, lawmakers can start prefiling bills on December 17. 

Ohio: Self-Defense Legislation Passes Senate Immediately Heads to House for Concurrence

Thursday, December 6, 2018

Ohio: Self-Defense Legislation Passes Senate Immediately Heads to House for Concurrence

Today, the Ohio State Senate passed Substitute House Bill 228 by a vote of 19 - 10.   While the legislation was amended, Sub. HB 228 still contains important protections for the Second Amendment and ...

California: Firearm Excise Tax Legislation Introduced

Wednesday, December 5, 2018

California: Firearm Excise Tax Legislation Introduced

This week, the California Legislature convened for an organizational session and swearing in ceremonies for legislators. During their short stint in Sacramento several new anti-gun proposals were introduced, including Assembly Bill 18, sponsored by Assembly ...

Engineering Professor Shares Thoughts on Constitutional Law, Calls for Handgun Ban

News  

Friday, November 30, 2018

Engineering Professor Shares Thoughts on Constitutional Law, Calls for Handgun Ban

In a recent piece for the Bangor Daily News ironically titled, “Why banning handguns makes sense,” Associate University of Maine Electrical Engineering Professor George Elliott struggled to argue why the tools of self-defense have no ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.