Congress moves to protect veterans' gun rights against VA's 'mental defective' ban

A decades-old U.S. Department of Veterans Affairs policy is under fire for stripping veterans of their right to own firearms without due process, sparking a bipartisan legislative response.

The VA fiduciary program was established to assist veterans who, due to physical or mental health conditions, are deemed unable to manage their VA benefits independently.

A fiduciary — often a family member or trusted individual — is appointed to oversee the veteran’s finances, ensuring bills are paid and benefits are used appropriately. However, since 1993, the VA has interpreted federal law to require reporting these veterans to NICS under the category of “adjudicated as a mental defective,” a classification that triggers an automatic firearm prohibition.

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Critics argue that this practice violates veterans’ due process and Second Amendment rights. Unlike civilians, who typically lose firearm privileges only after a judicial determination of danger to themselves or others, veterans lose these rights administratively, without a court hearing or medical evaluation. Jim Whaley, CEO of Mission Roll Call, emphasizes that this creates a “stigma” that discourages veterans from seeking mental health care or financial assistance, fearing loss of their constitutional rights.

In response to this VA policy, lawmakers in both chambers of Congress have introduced bills to protect the civil liberties of veterans. The Veterans 2nd Amendment Protection Act has a bill in the House (H.R. 1041) and a companion bill in the Senate (S. 478). The bill is sponsored by Rep. Mike Bost (R-Illinois) and Sen. John Kennedy (R-Louisiana), respectively.

The legislation aims to do the following:

1. Prohibit automatic NICS reporting: Bars the VA from sending veterans’ names to NICS solely due to fiduciary assignment.
2. Require judicial determination: Mandate that firearm restrictions apply only if a court or judicial authority finds the veteran dangerous.

H.R. 1041, introduced Feb. 6, has garnered over 60 Republican cosponsors, including House Veterans’ Affairs Committee members Morgan Luttrell (R-Texas) and Mariannette Miller-Meeks (R-Iowa). Its Senate counterpart, S. 478, introduced shortly thereafter, has 18 cosponsors, with Sen. Jerry Moran (R-Kansas), chairman of the Senate Veterans’ Affairs Committee, among its key supporters.

Both bills were introduced following a Feb. 25 hearing at which Chairman Bost highlighted the need to codify due process protections: “Veterans should never be forced to choose between receiving VA assistance and their fundamental rights.”

By linking firearm restrictions to judicial findings as opposed to administrative decisions, the bills aim to harmonize veterans’ rights with those of civilians. Rep. Bost underscored that this adjustment is not about expanding gun access but correcting a procedural injustice.

As lawmakers move toward reform, the hope is that no veteran will ever again be stripped of his or her rights for simply asking for a helping hand.

Republished with permission from NSSF.