Sens. John Kennedy (R-LA) and Rand Paul (R-KY) have introduced legislation that would protect the Second Amendment rights of veterans who seek help at the Department of Veterans Affairs (VA).
The bill seeks to prevent the VA of reporting veterans to the National Instant Criminal Background Check System (NICS) without due process.
“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,” Kennedy said in a press release. “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.
The proposed legislation would eliminate a VA policy that flags veterans as “mental defectives” if they require assistance with managing their benefits. This has resulted in about 260,000 veterans losing their right to keep and bear arms since 1998 without a judicial ruling. The measure is aimed at ensuring that those who served in the Armed Forces are not unjustly stripped of their Second Amendment rights due to decisions made by bureaucrats.
Key provision of the bill bar the VA from sending a veteran’s information to NICS unless a “court of competent jurisdiction” determines that the individual poses a danger to themselves or others.
Sen. Jerry Moran (R-KS) argued that “Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights.”
Sen. Bill Cassidy insisted that those “who served our country shouldn’t lose their 2nd Amendment rights just because they need financial help.”
Under the current policy, veterans can lose their gun rights if they seek certain types of help, especially if the VA decides they need help managing their financial benefits.
📣UPDATE:
— Gun Owners of America (@GunOwners) March 11, 2025
The bureaucrat who told @HouseVetAffairs he wouldn’t restore veterans' gun rights—even if Congress passed the GOA-backed bill—is now testifying before the Senate on the Veterans 2nd Amendment Protection Act.pic.twitter.com/mSOQehPReS https://t.co/0SCG8HtKia
This policy stems from the agency’s interpretation of the Brady Handgun Violence Prevention Act, which prohibits people who are deemed to be mentally unfit from owning firearms. Yet, critics have argued that simply needing help with finances does not justify this type of action because it does not necessarily mean they are a danger to themselves or others.
It is insane that this policy ever existed in the first place. It makes one wonder how many veterans have not requested help with their finances or other issues because they were afraid that the government would violate their right to defend themselves and their loved ones. It sends the message that it was perfectly fine for these individuals to carry guns to serve in the military, but they should not be allowed to own them when they are no longer service members.
This bill should be a slam dunk, even though Democrats will likely oppose it.
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