Explore The NRA Universe Of Websites

APPEARS IN News

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords (formerly Americans for Responsible Solutions and the Second Amendment-denying Legal Community Against Violence) used the occasion to advocate against former servicemen and women’s Constitutional rights.

The anti-rights organization used its X account to post, in part,

Veterans deserve more than empty words. They deserve leaders who work to protect them.

But many in Congress are stopping the VA from flagging when a veteran is at a heightened risk of harming themselves or others, and therefore shouldn’t have access to a gun.

First, a little background.

The federal Gun Control Act of 1968 prohibits the possession or acquisition of firearms by a person who has been “adjudicated as a mental defective.” The main enforcement mechanism for this law is the National Instant Criminal Background Check System (NICS), which must be queried any time a person makes a retail purchase of a firearm. NICS contains records provided by states and the federal government of people who are prohibited by law from possessing guns. These include individuals who have been “adjudicated as a mental defective.”

As explained in a 1973 appellate court opinion on the meaning of this archaic language, the term “mental defective” refers to “a person who has never possessed a normal degree of intellectual capacity,” and does not refer generally to mental illness or mental insanity.

Nevertheless, the ATF in 1979 passed a regulation interpreting this law to apply to a “determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease …[l]acks the mental capacity to contract or manage his own affairs.”

The Department of Veterans Affairs (VA) administers a system of benefits for veterans with service-connected disabilities. Its own regulations allow those benefits to be received by a “fiduciary” on the beneficiary’s behalf if the VA determines the beneficiary to be “incompetent” to manage his or her finances. These determinations are made by VA officials, most without any special mental health training. There is usually no judicial process involved. The only issue in the VA’s “incompetency” proceeding is the individual’s “capacity to contract or to manage his or her own affairs, including disbursement of funds”.

The current VA system for determining “incompetency” has no necessary relationship to people who are dangerous or suicidal. It asks a different question, whether the person needs help handling VA benefits. And the answer to that question is provided in the first instance by VA employees, not by judicial officials operating according to the usual requirements of due process for someone facing a lifetime loss of a fundamental civil right.

In 1998, the VA started reporting beneficiaries who have been assigned these fiduciaries to NICS as “mental defectives,” and thus prohibited from possessing firearms under 18 U.S.C. 922(g)(4). Initially, this occurred without any notification to the beneficiary that the government considered him or her legally prohibited from possessing firearms.

The consequence was that hundreds of thousands of veterans were deprived of their Second Amendment rights without any judicial process and without any findings relevant to their ability to safely possess and handle firearms. The fact that it was happening to the very people who served to protect the safety and constitutional rights of all Americans, and was perpetrated by the very federal department that is supposed to be devoted to veterans’ aid and wellbeing, was particularly galling.

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.

The language prohibits the VA from reporting beneficiaries to NICS as “mental defectives” without “the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.” This ensures both that the beneficiary is given due process under the law and that a relevant finding is made before any VA determination of incompetency results in a loss of Second Amendment rights. Contrary to Giffords’ misleading X.com post, if a beneficiary is suicidal and that could be established before a judge, the person could still be reported to NICS.

In other words, this important legislation affords veterans the same due process rights in the Second Amendment context afforded all non-veterans, who aren’t forced to interact with the VA. At the time, Giffords and fellow institutional gun control organizations Everytown for Gun Safety and Brady opposed this vital effort to protect veterans’ rights.

Thanks to the hard work of NRA-ILA, pro-Second Amendment members of Congress, and President Donald Trump, Giffords has continued to lose this battle. The day after Veterans Day, President Trump signed appropriations bill H.R.5371 which, in addition to reopening the federal government, extended the language prohibiting the VA from improperly reporting veterans to NICS.

While the 2026 appropriations language is an important step towards rectifying a decades-long injustice, the continued attacks on veterans’ rights demonstrated in Giffords’s callous Veterans Day message makes clear the has come for Congress to pass the Veterans 2nd Amendment Protection Act (H.R. 1041/S.478), which would permanently prohibit the VA from submitting the names of veterans to NICS without due process.

TRENDING NOW
NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

Monday, December 15, 2025

SCOTUS Denies Cert in NRA-ILA Challenge to NFA Short-Barreled Rifle Restrictions

The U.S. Supreme Court denied certiorari in Rush v. United States, a challenge to the National Firearms Act of 1934’s restrictions on short-barreled rifles.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

Tuesday, December 16, 2025

Minnesota: Governor Walz Issues Two Gun Control Executive Orders

With the holiday season upon us, former VP candidate Governor Tim Walz has once again proven his "Bah Humbug" stance on the Second Amendment. 

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

News  

Monday, December 15, 2025

Buckle Up, Friends: DOJ Opens New 2A Division, Promises “A Lot More Action” to Safeguard Rights

In a landmark accomplishment in furtherance of President Donald J. Trump’s Executive Order on the Second Amendment, the U.S. Department of Justice (DOJ) has announced the creation of a new section under its Civil Rights Division - ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

In September, the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

News  

Monday, December 15, 2025

George Soros’s Open Society Funded Foreign Agents’ Lawsuits Against U.S. Gun Industry

Earlier this month, the Washington Free Beacon ran a piece titled, “‘Assault on Our Sovereignty’: How George Soros Funds Foreign Government Lawsuits Against American Gun Makers.”

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

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.