Veterans 2nd Amendment Protection Act

Floor Speech

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Mr. CLYDE. Mr. Speaker, I rise in very strong support of H.R. 1041, the Veterans 2nd Amendment Protection Act.

This bill would restore Second Amendment rights to the veterans who valiantly served our Nation but whose constitutional right to bear arms has been stripped away by unelected bureaucrats.

Federal law, enacted in 1968, prohibits individuals who have been ``adjudicated as a mental defective''--and the keyword is ``adjudicated''--from possessing or acquiring firearms. This restriction is enforced primarily through the National Instant Criminal Background Check System.

At the same time, the Department of Veterans Affairs allows service- disabled veterans to receive their hard-earned benefits through a fiduciary when the VA determines they are unable to manage their own finances.

However, this determination is often made by VA officials who may lack adequate mental health training. When the VA makes such a determination, the veteran is automatically reported to NICS as a mental defective, and there is no actual adjudication, resulting in the loss of their Second Amendment rights.

This happens without any judicial finding that the veteran poses a danger to themselves or others. In other words, service-disabled veterans who simply need assistance with financial matters can be stripped of their constitutional rights, not by a judge but by an unelected bureaucrat.

These veterans are faced with an unacceptable choice to either receive the benefits they rightly earned and risk their Second Amendment rights or retain their constitutional rights and risk their veteran benefits. This is a shameful and unjust dilemma, particularly for those who risk their lives in defense of our freedoms.

As a member of the House Appropriations Committee, I am proud to say that Congress took an important first step toward addressing this injustice through the annual appropriations process. The FY24 enacted Consolidated Appropriations Act and subsequently enacted appropriations bills have included language directing the VA to cease this practice.

I am pleased to report that earlier this year, Secretary of Veterans Affairs Doug Collins confirmed the VA has complied with the current law and will no longer report veterans to NICS solely because of their need for a fiduciary.

That is a real, meaningful victory for our veterans and a testament to what this body can accomplish when we stand up for those who serve in our military, but that progress is only temporary and will not remain unless we pass the bill before us today to make it permanent.

I urge all of my colleagues to support this vital bill that builds on that appropriations victory and ensures these protections are permanently codified so that no future administration can reverse course and once again use a veteran's need for financial assistance as grounds to unilaterally revoke their God-given Second Amendment rights.

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