A decades-old United States 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.
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-IL) and Sen. John Kennedy (R-LA), respectively.
The legislation aims to do the following:
- Prohibit Automatic NICS Reporting: Bars the VA from sending veterans’ names to NICS solely due to fiduciary assignment.
- Require Judicial Determination: Mandate that firearm restrictions apply only if a court or judicial authority finds the veteran dangerous.
H.R. 1041, introduced on February 6, 2025, has garnered over 60 Republican co-sponsors, including House Veterans’ Affairs Committee members Morgan Luttrell (R-TX) and Mariannette Miller-Meeks (R-IA). Its Senate counterpart, S. 478, introduced shortly thereafter, has 18 co-sponsors, with Sen. Jerry Moran (R-KS), chairman of the Senate Veterans’ Affairs Committee, among its key supporters.
Both bills were introduced following a February 25 hearing where 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.
No compromise gun organizations have largely celebrated the introduction of this legislation.
“The National Association for Gun Rights fully supports the Veterans 2nd Amendment Protection Act because no bureaucrat should have the power to strip a veteran of their gun rights without due process. The VA has no business sending names to the NICS list without a court ruling, and this bill stops that blatant infringement. Our veterans fought for our freedoms—it’s disgraceful that they must fight their own government to keep theirs. We commend Senators Kennedy and Moran, along with Chairman Bost, for taking action to end this unconstitutional abuse,” declared Hunter King, the Director of Political Affairs for The National Association for Gun Rights.
“Gun Owners of America is thankful to the House Committee on Veterans’ Affairs for its focus on the lost gun rights of a quarter of a million veterans. GOA proudly supported the provision in Public Law 118-42 blocking the VA from disarming veterans and we hope to see this provision made permanent law through H.R. 472, the Veterans’ 2nd Amendment Protection Act, and to have all veterans’ lost gun rights restored in full,” said Aidan Johnston, Director of Federal Affairs, Gun Owners of America (GOA). “Veterans who have risked life and limb and now suffer from the psychological consequences related to their service should receive the best mental health care our nation has to offer. But VA gun control measures, such as this “fiduciary rule” to arbitrarily report veterans to the NICS database, pose major barriers to care for gun owning veterans who may need life-saving mental health treatment.”
As lawmakers move toward reform, the hope is that no veteran will ever again be stripped of their rights for simply asking for a helping hand.
About José Niño
José Niño is a freelance writer based in Austin, Texas. You can contact him via Facebook and X/Twitter. Subscribe to his Substack newsletter by visiting “Jose Nino Unfiltered” on Substack.com.
