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Chairman Bost’s Efforts to Protect Veterans’ Constitutional Rights Passes Senate with Bipartisan Support

Today, House Committee on Veterans’ Affairs Chairman Mike Bost (R-Ill.) released the following statement after the Senate adopted, with bipartisan support, Senators John Kennedy (R-La.) and Jerry Moran’s (R-Kan.) amendment to the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act. The Senators’ amendment includes the provisions in Chairman Bost’s bill, H.R. 705, the Veterans 2nd Amendment Protection Act.

 

This amendment mirrors Chairman Bost’s bill which would prohibit the Department of Veterans Affairs (VA) from using taxpayer funds to submit a veteran or beneficiary’s name to the FBI’s NICS list as a result of the veteran simply being appointed a fiduciary. Under current law, a veteran who needs assistance managing their finances and benefits – without an additional finding by a court of law that the veteran may be a danger to themselves or others – is immediately reported to the FBI’s NICS list and stripped of their 2nd Amendment right to legally own a firearm.

 

“Until today, a veteran who needs help managing their finances couldn’t go deer hunting with their son because VA would automatically send their name to the FBI’s NICS list, taking away their 2nd Amendment right without due process. That is wrong, and it’s taken over 30 years for Congress to fix it. Which is why one of my top priorities as Chairman has been to end this discriminatory practice that takes away a constitutional right. I’ve heard firsthand from my fellow veterans that this policy has prevented them from seeking the care and services they have earned at VA and that is not right,” said Chairman Bost. “Earlier this year, my amendment to stop this practice passed the House with bipartisan support. Today, the Senate joined us in that effort and stood up for these men and women to end VA’s ability to take away their constitutional rights simply because a veteran has a fiduciary. I want to thank Senators Kennedy and Moran, and the numerous veteran service organizations who sounded the alarm on this policy’s negative impact on their veteran members for joining me in this fight. I look forward to the enactment of this commonsense amendment in the final version of the MilCon/VA Appropriations Act.”

 

Background:
Earlier this year, Chairman Bost announced that one of his top legislative priorities in the new Republican majority was ending the Department of Veterans Affairs (VA’s) discriminatory practice towards veterans with fiduciaries. Under current law, if a veteran uses a fiduciary to manage their VA benefits, they are automatically – without a judge or court ruling – reported to the FBI’s NICS list and stripped of their Second Amendment rights. The Chairman’s bill, H.R. 705, the Veterans 2nd Amendment Protection Act, would end this practice and prohibit VA from sending information on veterans (or beneficiaries) who are assisted by a fiduciary to NICS without a judicial ruling that they are a danger to themselves or others. This bill would ensure that veterans are afforded the same due process that every other American receives before any action is taken that would deprive them of one of the constitutional rights that they fought to protect. The amendment the Chairman fought to include in the House passed version of the FY24 MilCon/VA Appropriations bill was introduced in the Senate and does the same.

 

This amendment was supported by the following veteran service organizations (VSOs) and advocacy groups: The American Legion, Gun Owners of America, The National Rifle Association, National Defense Committee, Vets 4 Vet Leadership, Veteran Warriors, Catholic War Veterans, and National Association for Gun Rights.

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