Legislative Building (Photo: Pastajosh)
Veterans and advocates are rallying behind legislation that prevents the VA from stripping gun rights from Veterans who require fiduciaries to manage their VA benefits. The proposed legislation garners support from Veterans organizations like The American Legion, Veterans of Foreign Wars, and Disabled American Veterans.
National Commander of The American Legion, Daniel Seehafer, says The Legion sees the legislation as rectifying a long-standing injustice, and states Veterans’ commitment to upholding constitutional rights, including the right to bear arms.
“We believe all Veterans have the right to possess their choice of legal firearms unless deemed unfit to do so by a court,” says Commander Seehafer.
Similarly, Patrick Murray of the VFW stresses the need for due process, arguing that decisions regarding gun ownership should rest with the judiciary, not VA administrators. Murray spoke of instances where VFW service officers in California encountered Veterans who were unaware of the current law and lost their right to own a firearm.
The legislation, spearheaded by Rep. Mike Bost, is part of a larger spending bill aimed at funding VA programs. It seeks to amend existing laws that automatically disqualify Veterans with fiduciaries from owning firearms. Instead, Veterans would only lose their gun rights after a court determines them mentally incapacitated and dangerous.
Critics of the current system argue that it unfairly ties financial management issues to gun ownership, overlooking the nature of mental competence. Many Veterans stress the need for scrutiny in distinguishing between financial management and firearm possession.
Army Veteran, Philip Van Guilder, a mental health advocate and Director of Community Relations at Greenhouse Treatment Center in Texas, a facility that treats Veterans with PTSD and other mental health issues associated with their military service, acknowledges the intent of the law but emphasizes the importance of individual assessment. Guilder points out that poor money management may be a symptom of underlying cognitive issues that impair one’s capacity for clear reasoning and thought.
Many Veterans, like Vietnam Navy Veteran Billy Whyde of Ohio, express frustration with the VA’s overreach, citing instances where their medical information was inappropriately used to restrict their gun rights. Whyde, among others, supports the legislative measure to curb the VA’s authority in this regard.
The proposed legislation would also prohibit the VA from sharing Veterans’ personal information with the Department of Justice and FBI solely based on fiduciary appointments, safeguarding Veterans’ privacy 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.
