Explore The NRA Universe Of Websites

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act (H.R. 1041/S. 478).

This legislation would reverse a controversial and longstanding policy by which veterans are stripped of their constitutional right to possess a firearm without due process, simply because they have been assigned a fiduciary to help manage the Department of Veterans Affairs (VA) benefits they’ve earned through suffering a service-connected disability.

“It should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their books – but under current law they are,” said Representative Bost. “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. 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. I want to thank Chairman Moran, Senator Kennedy, and my House colleagues for working with me last Congress to pass a temporary solution, but veterans need a permanent fix. House and Senate Republicans will fulfill the American people’s mandate to get this bill to President Trump’s desk to protect veterans’ due process and constitutional rights for good.”

"Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights," said Senator Moran. "Our nation should be encouraging veterans to utilize VA services, not discouraging them by denying them due process. The Veterans Second Amendment Protection Act makes certain that the rights of those who have served are protected, and that veterans are not penalized for receiving support that they have earned and deserve. I thank Sen. Kennedy for his partnership in this effort.”

“Our veterans should not receive less due process rights than other Americans just because they served our country and asked the federal government for a helping hand,” said Senator Kennedy. “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 getting the help they need as they manage their financial affairs. I’m proud to introduce the Veterans 2nd Amendment Protection Act to stand up for veterans’ constitutional rights by ending this unfair practice.”

In the administration of these benefits, VA officials, most without any special mental health training or judicial authority, may make a determination of “incompetence” for the purposes of evaluating a veteran’s “capacity to contract or to manage his or her own affairs, including disbursement of funds.” This alone is an understandable measure to ensure that if veterans need help managing finances, the VA benefits would go to someone who can provide that help, usually someone within the beneficiary’s own family or household chosen by the veterans themselves.  Notably, this determination does not require any finding that a beneficiary is dangerous to self or others, mentally ill, suicidal, etc.

Nevertheless, since 1998, VA has been using this process to report hundreds of thousands of veterans who have been assigned these fiduciaries to the National Instant Criminal Background Check System (NICS) as “mental defectives,” thereby ending their legal right to possess a firearm. 

Last year, NRA-ILA secured a provision in the FY2024 appropriations process that defunded VA’s ability to submit the names of veterans with fiduciaries to NICS without a determination by a judicial authority deeming that a veteran is a danger to him or herself, or others.

Shamefully, the VA has rebuffed this effort, claiming that it “could not” and “would not” comply with the legislation. It is apparent, therefore, that VA’s anti-gun policies are so entrenched that a permanent legislative solution is the only path forward.

The NRA is proud to support the Veterans 2nd Amendment Protection Act, which simply prohibits the VA from submitting the names of veterans to NICS without first establishing that the veterans are a danger to themselves or others and offers veterans the opportunity to dispute those claims. “All Americans are guaranteed the right to due process under the Constitution,” said John Commerford, Executive Director of NRA-ILA. “Regrettably, veterans who have VA benefits administered through a fiduciary have been held to a different standard when it comes to their Second Amendment rights. The NRA thanks Chairman Bost, Chairman Moran and Senator Kennedy for their commitment to reversing this blatantly unconstitutional policy.”

Update 2/25/2025: 

On Tuesday, February 25th, the House Committee on Veterans’ Affairs, led by Chairman Mike Bost, held a legislative hearing to discuss H.R. 1041, the Veterans’ 2nd Amendment Protection Act, as well as a companion draft bill to retroactively restore the Constitutional rights of veterans who had been caught up in the VA’s gun grab scheme since 1993.  At the direction of newly confirmed Secretary Doug Collins, President Trump’s pick to lead the VA, VA officials testified that the Department now supports both H.R. 1041 and the related discussion draft. This testimony represents a profound transition away from the anti-gun policies of the past and highlights President Trump’s commitment to ensuring his executive agencies respect the Second Amendment in all aspects of administrative policy.

Update 5/5/2025: 

On Tuesday, May 6th, the House Committee of Veterans’ Affairs, led by Chairman Mike Bost will hold a markup of H.R. 1041, the Veterans’ 2nd Amendment Protection Act. A markup is an important legislative step which allows a full committee to favorably report legislation for consideration by the full U.S. House of Representatives. The markup will be held at 10:15 a.m. and can be viewed on the Committee’s website.

NRA-ILA will monitor this markup and will keep you informed as this legislation continues to move through Congress.

TRENDING NOW
Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

News  

Tuesday, May 13, 2025

Bite This: “Scientists” Uncover Link Between “Gun Violence” and Oral Hygiene

Some of us remember our days as kids, when the adults in our lives would tell us before bedtime, “Brush your teeth, and say your prayers.”

Canada’s Gun Confiscation: Still Grasping for Solutions?

News  

Tuesday, May 13, 2025

Canada’s Gun Confiscation: Still Grasping for Solutions?

Last year, we wrote about how several previous enforcement schemes for Canada’s Liberal government’s 2020 gun ban and confiscation appeared to have fizzled out. 

Rocky Times for Gun Owners in the Rocky Mountain State

News  

Tuesday, May 13, 2025

Rocky Times for Gun Owners in the Rocky Mountain State

As the Colorado legislative session closes, its 2025 edition will long be remembered and lamented as a historic assault on the Second Amendment.

House Committee on Ways and Means Advances Legislation Involving Suppressors

News  

Wednesday, May 14, 2025

House Committee on Ways and Means Advances Legislation Involving Suppressors

Early this morning, The House Committee on Ways & Means, led by Chairman Jason Smith (R-MO-08) finished a markup of their section of the Reconciliation Bill. Included in this legislation was a provision which would ...

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Illinois: Legislation to Shut Down Gun Manufacturers in Committee Tomorrow

Tuesday, May 13, 2025

Illinois: Legislation to Shut Down Gun Manufacturers in Committee Tomorrow

Tomorrow, the House Gun Violence Prevention Committee will hear House Bill 3320, a dangerous proposal that could effectively shut down firearm manufacturing in Illinois. Please use the Take Action button below to contact committee members and ...

Texas: House Passes Legislation Prohibiting Gun Buybacks!

Wednesday, May 14, 2025

Texas: House Passes Legislation Prohibiting Gun Buybacks!

Yesterday, the Texas House passed House Bill 3053, legislation that prohibits local governments from organizing or participating in gun buyback programs. The bill now heads to the Texas Senate for consideration. Please use the Take ...

Grassroots Spotlight: Armería El Bunker, Puerto Rico

Take Action  

Monday, May 12, 2025

Grassroots Spotlight: Armería El Bunker, Puerto Rico

Ohio NRA-ILA FrontLines Activist Leader (FAL), Paul Walsh, recently went on vacation to Puerto Rico. While planning his trip, he realized there was a local gun store and began organizing an “NRA 2A Day” event on the island!

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.