Press Releases

Today, House Committee on Veterans’ Affairs Chairman Mike Bost (R-Ill.), Subcommittee on Disability Assistance & Memorial Affairs Chairman Rep. Morgan Luttrell (R-Texas), and Rep. Eli Crane (R-Ariz.), released the following statements after the Committee reported out H.R. 1041, the Veterans 2nd Amendment Protection Act, as amended, which 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. The bill would also ensure that those veterans previously stripped of their Second Amendment rights solely because they need help managing their finances have their rights restored.

“The men and women who have served and defended Constitutional rights for generations of Americans should not have to worry that they will be reported to NICS and lose their rights simply because they need help managing their books. Under current law there is no permanent ban on this reporting in place. And I know that because of this reporting process too many veterans fear going to VA for their earned care and services,” said Chairman Bost. “I am thrilled that we reported my bill, the Veterans 2nd Amendment Protection Act, out of my Committee today. We are one step closer to granting veterans with fiduciaries the due process and peace of mind they have undoubtedly earned. Veterans should never be treated like second-class citizens and today we have made that message perfectly clear.”

“I will never stand by while the very government our veterans fought to defend tries to strip away their constitutional rights without due process. That a veteran who simply needs help managing their finances can lose their Second Amendment rights without ever stepping foot in a courtroom is unacceptable,” said Disability Assistance & Memorial Affairs Chairman Luttrell. “The Veterans 2nd Amendment Protection Act restores common sense by making it clear that only a court of law, not a VA bureaucrat, can decide whether a veteran should lose a constitutional freedom. Our veterans put everything on the line to defend our rights, and I will work to defend theirs.”

“I’m pleased to see the House Committee on Veterans’ Affairs add my language from H.R. 496 to the Veterans 2nd Amendment Protection Act,” said Rep. Crane. “This addition strengthens the bill, ensuring the retroactive removal of veterans who were wrongly added to the FBI’s NICS list. This progress is long overdue, and I look forward to monitoring the legislation as it moves toward a vote on the House floor.”

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 are also supported by the following key stakeholders: National Disability Rights Network, Bazelon Center for Mental Health Law, The American Legion, Vietnam Veterans of America, Gun Owners of America, National Rifle Association, National Association for Gun Rights, National Shooting Sports Foundation, Mission Roll Call, Association of Mature American Citizens Action, Black Veterans Empowerment Council, National Association of County Veterans Service Officers, and Vickie Paladino, Minority Whip, New York City Council Member, District 19 Queens.

Background:

Under current law, and since 1993, a veteran who needs assistance from a fiduciary to manage 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 by a VA bureaucrat to the FBI’s National Instant Criminal Background Check System (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 continuing resolutions, ended this practice only temporarily. H.R. 1041, as amended, would permanently afford veterans with fiduciaries the same due process rights as every other American for whom they fought to protect. This bill also includes language from Rep. Crane’s bill, H.R. 496, which would require VA to notify the Attorney General that the FBI must remove veterans who are currently on the NICS list solely because they have a fiduciary. Veterans on the NICS list because a court found them dangerous would stay on the NICS list.