Department of Veterans Affairs (Photo: Thundercheese)

The VA has implemented a temporary ban preventing the Department from reporting Veterans who are deemed incapable of managing their finances to the FBI’s National Instant Background Check System, NICS, which restricts firearm ownership.

This ban, which is set to expire in six months, halts a controversial practice that was first implemented this past March.

Aidan Johnston, Director of Federal Affairs for Gunowners of America, stated that the provision, although not altering existing legislation, serves to block the VA from reporting such Veterans to the NICS database without a court order or ruling.

This policy shift garnered bipartisan support, notably from Senate Veterans’ Affairs Committee Chairman Jon Tester, who has advocated against the practice for years. Tester stated instances where Veterans refrained from accessing VA benefits due to concerns about losing their gun rights, stressing that the previous approach penalized beneficiaries who required assistance in managing their finances.

It’s important to note that this temporary provision does not amend the Brady Handgun Violence Prevention Act, which allows the VA to report “incompetent beneficiaries” to the FBI database for firearm licensees’ background checks. Since the enactment of the Brady Act in 1993, the VA has routinely reported Veterans appointing fiduciaries to the NICS database.

Under the new policy, only Veterans declared mentally incompetent by a court or magistrate and deemed an imminent danger to themselves or others will be reported to the NICS system, resulting in the legal forfeiture of their firearm ownership rights. This approach is supported by individuals like Navy Veteran Abraham Conrique, who acknowledges the necessity of restrictions for certain Veterans with mental health issues stemming from their service. However, Conrique advocates for judicial oversight in determining such restrictions, emphasizing the need for due process.

The temporary provision, incorporated as an amendment to the Consolidated Appropriations Act of 2024, is set to expire on September 30, coinciding with the end of fiscal 2024. Kathleen McCarthy, Communications Director for the House Committee on Veterans’ Affairs, stated ongoing efforts to devise a permanent solution to the issue, noting that bill provisions are only valid for the fiscal year in question.

Despite the temporary nature of the provision, it does not retroactively restore gun rights to Veterans who appointed fiduciaries prior to March 2024. Several Veterans’ advocacy organizations, including the Veterans of Foreign Wars, Disabled American Veterans, and The American Legion, have voiced support for legislation to permanently halt the VA’s practice of reporting Veterans to the FBI’s database. Patrick Murray, National Legislative Director for the VFW, and Daniel Seehafer, National Commander of The American Legion, have stated that Veterans should not be deprived of their constitutional right to gun ownership, unless deemed unfit to do so by a court. 

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.