WASHINGTON, DC – Today, House Committee on Veterans’ Affairs Chairman Mike Bost (R-Ill.), Senate Committee on Veterans’ Affairs Chairman Jerry Moran (R-Kan.), Subcommittee on Disability Assistance & Memorial Affairs Chairman Rep. Morgan Luttrell (R-Texas), and Senator John Kennedy (R-La.) – alongside 40 cosponsors in the House, introduced legislation to cement the due process rights of veterans with fiduciaries – H.R. 1041, the Veterans 2nd Amendment Protection Act, would ensure that no Department of Veterans Affairs (VA) bureaucrat can strip a veteran with a fiduciary of their right to bear arms without a judge or court ruling first that the veteran is a danger to themselves or their community.

Under current law, and since 1993, a veteran who needs assistance managing their finances and VA benefits because of a disability – without an additional finding by a court of law or any medical professional that the veteran may be a danger to themselves or others – is immediately reported to the FBI’s NICS list and stripped of their Second Amendment right to legally purchase and own a firearm. The FY 2024 MilCon/VA Appropriations bill, and the subsequent two continuing resolutions, ended this practice on a temporary basis to afford veterans with fiduciaries the due process rights they fought to protect. However, the temporary policy will expire on March 14, 2025, without a permanent legislative fix in place. In January, the Subcommittee on Disability Assistance & Memorial Affairs held a hearing on this issue.

“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 Chairman 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 Chairman 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 risked everything to defend our freedoms, yet the VA is stripping them of their Second Amendment rights without due process. No veteran should be reported to the NICS list for needing help managing their finances,” said Disability Assistance & Memorial Affairs Chairman Luttrell. “This bill ensures veterans are not treated like second class citizens and are given the same due process every other American gets.”

“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. 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,” said Senator Kennedy.

The full text of H.R. 1041 can be found here. A one-pager explanation of the bill can be found here.

House and Senate Republicans efforts to safeguard veterans with fiduciaries due process rights is also supported by the following key stakeholders:

“The American Legion applauds Chairman Bost’s prioritization to end the ongoing injustice within the Department of Veterans Affairs (VA) fiduciary program. 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. The Legion looks forward to working with this committee and others in Congress to ensure passage of this bill,” said Mario Marquez, Executive Director of Government Affairs, The American Legion.

“It is a simple question; do we do this to all citizens who have financial issues and a disability? Do we as Americans allow citizens to be stripped of their constitutional rights based on a disability with an added need for a fiduciary? The answer is no and the fact that a process has existed for nearly 30 years that has placed over 240,000 veterans on the NICS list without due process is a blotch on the US Constitution and the basic rights of veterans who took an oath to protect and defend the constitution.  To praise and thank us for our service and then strip us of our constitutional rights without due process is disingenuous, outrageous and needs to be corrected,” said Jack McManus, National President, Vietnam Veterans of America.

“This crucial bill takes a significant step toward ensuring that veterans are not unjustly stigmatized or stripped of their rights without due process,” said Marlene Sallo, Executive Director, National Disability Rights Network. “We firmly believe that individuals with disabilities, including those who have a fiduciary, should not be subject to blanket assumptions or the loss of their fundamental rights without proper evidence and protections. This legislation stands as a powerful reminder that due process and individual rights should never be sacrificed in the name of unfounded stereotypes.”

“The need for veterans to get financial assistance is something that is needed, however to use that need as a tool to strip a veteran of their 2nd Amendment rights is dangerous and irresponsible and it is the position  of the Military Order of the Purple Heart that this is an unfair and unconstitutional process that many of us believe was used as a tool to remove guns from law abiding veterans,” said Robert Olivarez Jr, National Commander, Military Order of the Purple Heart (MOPH).

“NACVSO believes the current incompetency determination process is flawed, we appreciate the fact that VA’s intent has always been focused on keeping the veteran and their families safe from both financial and physical harm. NACVSO believes that VA has a significant role in the process, but reform is needed to ensure that a veteran’s constitutionally protected rights are not subverted. We appreciate Chairman Bost’s effort to address this issue with Veterans 2nd Amendment Protection Act,” said Andrew Tangen, Vice President, National Association of County Veterans Service Officers.

“The National Association for Gun Rights fully supports the Veterans 2nd Amendment Protection Act because no bureaucrat should have the power to strip a veteran of their gun rights without due process. The VA has no business sending names to the NICS list without a court ruling, and this bill stops that blatant infringement. Our veterans fought for our freedoms—it’s disgraceful that they must fight their own government to keep theirs. We commend Senators Kennedy and Moran, along with Chairman Bost, for taking action to end this unconstitutional abuse,” said Hunter King, Director of Political Affairs, The National Association for Gun Rights.

“AMAC Action strongly supports the Veterans 2nd Amendment Protection Act which ensures that the brave men and women who have served our nation are afforded the same Constitutional rights and due process as every other American. It is unjust to assume that veterans requiring financial assistance are inherently dangerous or to strip them of their Second Amendment rights without a court ruling. This legislation is vital not only to protecting their rights but also to removing barriers that discourage veterans from seeking the care and support they deserve. Our veterans have fought for our freedoms, and we must fight to preserve theirs,” said Dave Weber, Chief Operating Officer, Association of Mature American Citizens.

“For decades, anti-gun bureaucrats have stripped veterans of their Second Amendment rights without due process,” said John Commerford, Executive Director, NRA-ILA. “The Veterans’ Second Amendment Protection Act would guarantee that those who proudly wore the uniform of the United States Armed Forces be afforded the same Constitutional protections as other law-abiding citizens. The NRA thanks Chairman Bost for his leadership on this longstanding issue.”

“This legislation will ensure that veterans are not improperly added as a prohibited person on the FBI’s National Instant Criminal Background Check System simply because they need assistance with financial matters. Needing a fiduciary alone does not disqualify a veteran from legally purchasing a firearm at retail,” said Lawrence G. Keane, Senior Vice President and General Counsel, NSSF. “We owe our freedoms to veterans who fought to preserve all our rights. Congress should ensure that veterans’ Second Amendment rights are protected when it comes to the Department of Veterans Affairs. NSSF is grateful for Chairman Mike Bost’s leadership and advocacy on behalf of veterans.”

H.R. 1041, the Veterans 2nd Amendment Protection Act, is supported by 40 members in the House. In the Senate, similar 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.).

Reprinted with Permission from The House Committee of Veterans’ Affairs