In a long-overdue move, the U.S. Department of Veterans Affairs (VA) has announced it will no longer continue to report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them with their finances.
This action reverses a longstanding and controversial VA policy that strips the Second Amendment rights of our veterans without any due process. Additionally, the VA is working with the FBI to remove all the names of veterans who have been unjustly reported to NICS.
“Effectively immediately, VA will not report veterans to the Federal Bureau of Investigation’s National Instant Criminal Background Check System as ‘prohibited persons’ only because they need help from a fiduciary in managing their VA benefits,” the VA stated in a news release announcing the change. “This correct a three-decade-old wrong that deprived many thousands of veterans in VA’s Fiduciary Program of their constitutional rights to own a firearm without a legal basis.”
The VA further explained that after a thorough review, it recognized that many veterans had been deprived of their Second Amendment rights without hearing or adequate determinations that they posed a sufficient risk of danger to themselves or others.
“In consultation with the Department of Justice, VA has determined this practice violates both the Gun Control Act and veterans’ Second Amendment rights,” the VA stated. “According to federal law, a decision by a judicial or quasi-judicial body is needed before someone can be reported to NICS.”
VA Secretary Doug Collins gave the Trump Administration much of the credit for correcting the longstanding “injustice.”
“Many Americans struggle with managing their finances, and veterans’ Second Amendment rights shouldn’t be stripped just because they need help in this area,” Collins said. “But for too long, veterans who needed the services of a VA fiduciary were deprived of their right to bear arms. Under the leadership of President Trump, we’re correcting this injustice and ensuring veterans get the same due-process and constitutional rights as all Americans.”
U.S. Attorney General Pam Bondi reiterated those thoughts, calling the old policy both “unlawful” and “unacceptable.”
“It has been my pleasure to partner with Secretary Collins on this project, and I am directing the Bureau of Alcohol, Tobacco and Firearms to review its regulations and propose changes that will prevent current and future violations of our veterans’ Second Amendment rights.”
The National Rifle Association (NRA) applauded the VA and Secretary Collins, under the direction of President Donald Trump, for correcting this injustice by restoring due process protections and beginning to correct the improper reporting of veterans to the NICS database.
“No veteran who bravely served our nation should ever lose their fundamental Second Amendment rights for simply asking for help,” John Commerford, executive director of NRA’s Institute for Legislative Action (NRA-ILA),” said in a news item on the VA move. “Today’s action is a major step toward fairness and honors the sacrifices of those who defended our freedoms.”
