Today, Rep. Phil Roe, M.D. (R-Tenn), the Ranking Member of the Committee on Veterans' Affairs, and Rep. Collin Peterson (D-Minn.), a Member of the Committee, introduced H.R. 3826, the Veterans 2nd Amendment Protection Act. This bipartisan bill would prevent veterans from losing their Second Amendment right to purchase or own a firearm because they receive help managing their Department of Veterans Affairs (VA) benefits.
"Every day, servicemen and women fight to defend the rights endowed in our constitution," said Roe. "But, as veterans, those same men and women can be deprived of one of those rights by a government bureaucrat without due process. Even violent criminals are treated better than that. This is a disgrace and the Veterans 2nd Amendment Protection Act would put a stop to it. By prohibiting VA from sending information to the FBI about veterans or their family members without a judicial ruling stating that they are a danger to themselves or others, this bill would ensure that the veterans who fought for our rights are guaranteed their own. I am grateful to Rep. Peterson for joining me in sponsoring this important bill. I hope it will be considered without delay."
“As a veteran, and a staunch supporter of the Second Amendment, it is beyond me why bureaucrats are going after veterans’ Second Amendment rights,” said Peterson. “Just because a veteran has someone manage their VA benefits, shouldn’t disqualify them from owning a firearm. This bill will ensure that veterans' rights are protected by due process.”
Under current law, if VA appoints a fiduciary to help a veteran (or beneficiary) manage their VA benefits, then VA is required to send their name to the FBI's National Instant Criminal Background Check System (NICS). These consequential decisions are made by VA general schedule employees, not a court or similar judicial authority, and single out only VA beneficiaries among all government agencies. Hundreds of thousands have been denied their constitutional right to bear arms because of this practice. The Veterans 2nd Amendment Protection Act would 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. Click here for more information about the Veterans 2nd Amendment Protection Act.