House of Representatives, Washington D.C. (Photo: A C Moraes)
Senator Jerry Moran (R-Kan.) and Representative Mike Bost (R-Ill.), chairmen of the Senate and House Committees on Veterans’ Affairs, along with Senator John Kennedy (R-La.), have recently reintroduced legislation designed to safeguard Veterans’ Second Amendment rights. The Veterans Second Amendment Protection Act, H.R. 705, seeks to prevent Veterans from being automatically reported to the FBI’s National Instant Criminal Background Check System, NICS, and losing their right to own firearms simply because they receive financial management assistance from the VA.
Under current law, Veterans assigned a fiduciary to manage their VA benefits due to a disability are automatically placed on the NICS list, barring them from purchasing or owning firearms. This process occurs without judicial review or a determination that the Veteran is a risk to themselves or others. Lawmakers argue that this practice violates Veterans’ due process rights and discourages them from seeking necessary support services.
A previous amendment by Senators Moran and Kennedy temporarily protected Veterans with fiduciaries from losing their Second Amendment rights. Signed into law by President Joe Biden as part of the Military Construction and Veterans Affairs Appropriations Act of 2024, this measure is set to expire on March 14, unless permanent legislation is enacted.
“Veterans should never have to choose between receiving assistance from the VA and retaining their constitutional rights,” said Sen. Moran. “This bill ensures that Veterans are not unfairly penalized for seeking the support they have earned.”
“Veterans should not be treated like second-class citizens simply because they need help managing their finances. Without a permanent fix, VA bureaucrats can continue to strip Veterans of their Second Amendment rights without a court ruling,” stated Rep. Bost sharing these concerns. “Many Veterans avoid seeking mental health care at the VA out of fear they will lose their constitutional rights.”
Sen. Kennedy stated that Veterans deserve the same due process rights as other Americans. “Under the VA’s interpretation of the law, unelected bureaucrats force Veterans to choose between their rights and the help they need. This unfair practice must end,” he said.
The proposed legislation is cosponsored by Senators Chuck Grassley (R-Iowa), Marsha Blackburn (R-Tenn.), Steve Daines (R-Mont.), Pete Ricketts (R-Neb.), Mike Rounds (R-S.D.), Jim Banks (R-Ind.), Kevin Cramer (R-N.D.), Thom Tillis (R-N.C.), John Boozman (R-Ark.), Bill Cassidy (R-La.), Rick Scott (R-Fla.), Lisa Murkowski (R-Alaska), Tommy Tuberville (R-Ala.), and Tim Sheehy (R-Mont.).
H.R. 705 has gained widespread support from organizations including The American Legion, Military Order of the Purple Heart, Veterans of Foreign Wars, and the National Rifle Association.
“Veterans swore to support and defend the Constitution, including the right to due process. Their rights should not be arbitrarily stripped by bureaucratic decisions,” said Mario A. Marquez, Executive Director of Government Affairs for The American Legion.
READ MORE: THE AMERICAN LEGION SUPPORTS LEGISLATION SAFEGUARDING GUN RIGHTS FOR VETERANS WITH FIDUCIARIES
Additional backing comes from Vietnam Veterans of America, Paralyzed Veterans of America, the National Disability Rights Network, the Black Veterans Empowerment Council, the National Association of County Veterans Service Officers, the National Shooting Sports Foundation, AMAC Action, Gun Owners of America, and other advocacy groups.
The introduction of this legislation follows concerns over the VA’s disproportionate number of NICS submissions. Between 1998 and 2020, the VA accounted for 98% of all federal agency-reported names to the system, raising alarms that this process discourages Veterans from seeking vital care. Lawmakers and advocates argue that a judicial ruling should be required before any Veteran is denied their right to purchase or own a firearm.
As lawmakers push for a permanent solution, supporters urge swift passage of the Veterans Second Amendment Protection Act to protect Veterans’ constitutional rights.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.