WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) and Rep. Mike Bost (R-Ill.) – chairmen of the Senate and House Committees on Veterans’ Affairs – and Sen. John Kennedy (R-La.) introduced legislation to prevent veterans from losing their Second Amendment right to purchase or own firearms when they receive help managing their Department of Veterans Affairs (VA) benefits.

Under current law, when VA appoints a fiduciary to a veteran who needs assistance managing their finances and VA benefits because of a disability, that veteran is immediately reported 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 absent any due process, without any findings by a court of law that the veteran may be a danger to themselves or others.

"Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights," said Sen. Moran. "Our nation should be encouraging veterans to utilize VA services, not discouraging them by denying them due process. The Veterans Second Amendment Protection Act makes certain that the rights of those who have served are protected, and that veterans are not penalized for receiving support that they have earned and deserve. I thank Sen. Kennedy for his partnership in this effort.”

“It should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their books – but under current law they are,” said Rep. Bost. “Without a permanent fix in place, VA bureaucrats can continue to strip veterans with fiduciaries of their Second Amendment right with no court ruling in place that they are a danger to themselves or others. It’s as simple as that. I have heard from too many veterans that VA’s current NICS reporting measures prevent them from seeking mental health care at VA – we must change that. I want to thank Chairman Moran, Senator Kennedy, and my House colleagues for working with me last Congress to pass a temporary solution, but veterans need a permanent fix. House and Senate Republicans will fulfill the American people’s mandate to get this bill to President Trump’s desk to protect veterans’ due process and constitutional rights for good.”

“Our veterans should not receive less due process rights than other Americans just because they served our country and asked the federal government for a helping hand,” said Sen. Kennedy. “Under the VA’s interpretation of the law, however, unelected bureaucrats punish Louisiana and America’s veterans by forcing them to choose between their Second Amendment rights and getting the help they need as they manage their financial affairs. I’m proud to introduce the Veterans 2nd Amendment Protection Act to stand up for veterans’ constitutional rights by ending this unfair practice.”

The Veterans Second Amendment Protection Act is cosponsored by Sens. Chuck Grassley (R-Iowa), Steve Daines (R-Mont.), Marsha Blackburn (R-Tenn.), Pete Ricketts (R-Neb.), Mike Rounds (S.D.), Kevin Cramer (N.D.), Jim Banks (R-Ind.), Thom Tillis (R-N.C.), Bill Cassidy (R-La.), John Boozman (R-Ark.), Rick Scott (R-Fla.), Tommy Tuberville (R-Ala.), Lisa Murkowski (R-Alaska) and Tim Sheehy (R-Mont.).

The full text of the legislation can be found here.

Sens. Moran and Kennedy authored an amendment to the Military Construction and Veterans Affairs Appropriations Act of 2024 that was signed into law by former President Biden that afforded veterans with fiduciaries their Second Amendment rights. However, the temporary policy will expire on March 14, 2025, without a permanent legislative fix in place.

House Committee on Veterans’ Affairs Chairman Mike Bost (R-Ill.) introduced companion legislation in the U.S. House of Representatives that was cosponsored by 40 members.

Quotes of Support:

"On behalf of 1.6 million Legionnaires across the country, I salute Senator Moran and his colleagues' quick efforts to end the ongoing injustice within the Department of Veterans Affairs (VA) fiduciary program,” said Mario A. Marquez, The American Legion Executive Director of Government Affairs. “Our nation’s veterans swore to support and defend the constitution, including the right to due process, and should not have their own rights to purchase and own firearms arbitrarily infringed by department bureaucrats. The Legion looks forward to working with the Senate and House Leadership in Congress to ensure this legislation is signed into law.”

“The VFW supports the Veterans 2nd Amendment Protection Act that would preserve veterans’ Second Amendment rights by ending VA’s practice of referring their names to the National Criminal Background Check System without judicial review,” said Nancy Springer, Veterans of Foreign Wars Associate Director of the National Legislative Service. “Veterans would be able to obtain VA medical and mental health care, and employ a fiduciary if needed, without fear of inadvertently losing their constitutional rights. The VFW applauds Chairmen Moran and Bost, and Senator Kennedy for introducing this bill, and we call for its swift passage.”

“It is an absolute tragedy to know that a system that is meant to assist veterans with a financial problem is being used as some back-door gun control measure that robs a veteran of their constitutional rights,” said Robert Olivarez Jr., Military Order of the Purple Heart National Commander. “This unfair practice must stop now.”

“All Americans are guaranteed the right to due process under the Constitution,” said John Commerford, Executive Director of NRA-ILA. “Regrettably, veterans who have VA benefits administered through a fiduciary have been held to a different standard when it comes to their Second Amendment rights. The NRA thanks Chairman Moran and Senator Kennedy for their commitment to reversing this blatantly unconstitutional policy.”

The bill is also supported by Paralyzed Veterans of America, the National Disability Rights Network, Vietnam Veterans of America, the Black Veterans Empowerment Council, the National Shooting Sports Foundation, the National Association of County Veterans Service Officers, Gun Owners of America, AMAC Action, the Firearms Regulatory Accountability Coalition, Turning Point Action, and National Association for Gun Rights.

More quotes of support for the bill can be found here.

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