Veterans 2nd Amendment Protection Act
This bill stops the Department of Veterans Affairs (VA) from automatically reporting veterans to the national gun background check system simply because they have been assigned a financial helper to manage their benefits. To restrict a veteran's gun rights, a judge or court official would first have to rule that the person poses a danger to themselves or others. The bill also requires the VA within 30 days to notify the Department of Justice that past reports made on this basis since 1993 no longer apply.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- VA beneficiaries with appointed fiduciariesVA beneficiaries who have a fiduciary appointed or are found mentally incompetent to manage benefits can no longer have their information reported to the federal firearm background check system (NICS) solely for that reason without a judicial finding of danger, and past reports based solely on fiduciary appointment will be invalidated.
Who it burdens
- Department of Veterans AffairsThe agency is barred from reporting beneficiaries to NICS solely based on fiduciary assignments, prohibited from treating them as adjudicated mental defectives solely due to financial incompetence findings, and required within 30 days to notify the Department of Justice that past submissions based solely on fiduciary appointments are no longer valid.
The provisions, in plain language.
Bars the Department of Veterans Affairs from reporting a beneficiary's personal information to the federal firearm background check system solely because a fiduciary was appointed to manage their benefits, unless a judge or judicial authority finds they are a danger to themselves or others.
Requires the VA, within 30 days of enactment, to notify the Department of Justice that past submissions of beneficiary records to the firearm background check system based solely on fiduciary appointments are no longer valid.
Prohibits the VA from classifying an individual as adjudicated as a mental defective solely because the agency found them mentally incompetent to handle their financial affairs or assigned them a fiduciary.