Veterans 2nd Amendment Protection Act

Floor Speech

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Mr. BOST. Mr. Speaker, pursuant to House Resolution 1300, I call up the bill (H.R. 1041) to amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the National Instant Criminal Background Check System, and ask for its immediate consideration in the House.

The Clerk read the title of the bill.

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Mr. BOST. 1041, as amended.

Mr. Speaker, I rise today in strong support of my bill, H.R. 1041, as amended, the Veterans 2nd Amendment Protection Act.

The choice before the House today is clear: whether those who defended our freedom deserve the same constitutional protection as nonveterans.

This past February, President Trump and Secretary Collins answered that question with a resounding yes.

VA overturned a longstanding policy of automatically reporting veterans and beneficiaries to the FBI's National Instant Criminal Background Check System, also called NICS, simply because they needed help managing their VA benefits.

VA reported them not because they committed a crime or because a judge or a medical professional determined they were a danger to themselves or others. VA reported them to NICS simply because they needed help managing their benefits. That was the policy for over three decades, Mr. Speaker.

I have been working on this issue for 10 years because I know that this interpretation of the law is wrong. That is why I have long- championed this bill, as well as my bipartisan provision in this, the yearly VA appropriation bill, to prohibit VA's fiduciary program from reporting veterans' names to NICS.

This is a bill about due process. Most importantly, it is about protecting our veterans' Second Amendment rights. It is time we put a permanent end to the practice of treating our veterans' Second Amendment rights as an option and pass H.R. 1041.

This bill would codify the policy rider that was included in the MILCON appropriation bill that passed the House last week.

As a veteran and sportsman, I believe it is a gross violation of due process to say that a veteran with a fiduciary should be treated as a second-class citizen. Our veterans raise their right hands to defend the constitutional rights of American citizens. I know because I was one of them, and I took that responsibility seriously.

Yet, when the question came before our committee on whether it would defend their rights, Ranking Member Takano and our colleagues on the other side of the aisle voted ``no.''

Mr. Speaker, it is an unfortunate fact that some Members in this Chamber plan to defend this discriminatory practice. Generally, a civilian cannot lose their Second Amendment rights without involvement from a judge, but veterans did for three decades. Democrats would prefer they continue to.

A veteran goes to the VA to ask for help, and the VA bureaucracy answers ``yes,'' but only in exchange for your Second Amendment rights.

Mr. Speaker, that is not due process. This is an antigun, antiveteran agenda. If a veteran poses a legitimate threat to themselves or others, judges already have legal tools available to them. Let me say that again. Judges already have legal tools available to them. A veteran should receive the same rights as every other American.

There is also something else that I want to raise: the false assumption that disabled veterans are dangerous and the harmful assumption that the capacity to manage your finances has any bearing on dangerousness or that you are dangerous, as well. Those sorts of cartoon-like simplifications cause those with disabilities to face extra hurdles when exercising their rights. It is unacceptable, and, as a veteran, I am not going to stand for it anymore.

There is no evidence that these veterans are more dangerous to themselves or others simply because they need help managing their benefits. Holding veterans to the evidence-less standard is outrageous. Frankly, it paints the veterans' mental health issues in a way that should concern everyone. Over 200,000 veterans were reported to the NICS list under this practice. Let me say it again: 200,000 veterans.

Secretary Collins and President Trump worked with DOJ to change that, wiping the list clean. I want to be clear that no person, veteran or otherwise, reported to NICS by a State judge, law enforcement agency, or other reporting bodies for any other reason was removed.

At committee markup, Democrats also offered amendment after amendment designed to delay and weaken this bill. They wanted more studies.

Mr. Speaker, I am tired after 10 years of delays. Democrats want a system where veterans are presumed guilty and a system where veterans are forced to prove their innocence.

In America, constitutional rights are God-granted rights. Veterans should never have to choose between assistance and preserving their constitutional rights, and veterans with disabilities should not be discriminated against.

This Congress has a responsibility to protect veterans' rights just as fiercely as they protect any other American's rights.

This Memorial Day, let us not just remember those veterans who made the ultimate sacrifice. Let us also remember the freedoms and the people who they sacrificed it for.

Mr. Speaker, I urge all Members to support H.R.

Mr. Speaker, as a veteran, I find this argument offensive, that veterans with fiduciaries are dangerous. This is simply not true. There is no evidence provided that veterans with fiduciaries are any more violent, suicidal, or dangerous than nonveterans.

Yet, Democrats continue to push the idea that veterans who need help managing their finances should be treated as though they were presumed dangerous. Now, he can say that that is not the case, but there are over 200,000 people who would argue differently.

Incompetence in financial ability is not and should not be something that should take away your Second Amendment right. Yes, veterans struggle with suicide and mental health greater than the rest of the population. Yes, those financial hardships often face negative thoughts, but the problem facing the veterans are separate and distinct.

They deserve to be treated as such. That is why we have a VA that spans everything from healthcare to benefits. If someone is truly a danger to themselves or others, there are medical and legal professionals who can stand by and address these issues just like it is for those people who are nonveterans. H.R. 1041 does not change that fact. It simply dispels harmful stereotypes.

Mr. VAN ORDEN. Mr. Speaker, I rise in strong support of this bill. ``A well regulated militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed.'' That is the entire text of the Second Amendment.

I would argue that this should apply to those of us who literally bore arms to protect the freedoms of our fellow Americans. It is critically important.

If a veteran who is incapable of balancing his checkbook has his right to bear arms removed, I would argue that this entire body could not legally carry arms because we are incapable of balancing a checkbook, and that has been proven over decades.

I implore the minority to look at veterans for who we are. We are patriotic, loving Americans, but this supersedes the Second Amendment. Ninety-seven percent of all referrals to the NICS database come from the VA. Sixty percent of veterans who commit suicide have not been connected to the VA, and a significant reason that our veterans don't go to the VA is because they are concerned that they are going to lose their Second Amendment rights.

With the passing of Matthew Burns, 22 of my friends have committed suicide, so I take this very seriously. I commend Mr. Takano for having the 988 veteran suicide crisis line number behind him. I thank him for that. I know my colleague does not want our veterans to commit suicide, but this is how they are going to do it because my fellow veterans refuse to go to the VA because they refuse to give up their constitutional right to keep and bear arms.

Again, I implore my colleagues on both sides of the aisle to strongly support this bill, as I do.

I think we should go ahead and listen to what was actually said whenever we said that they actually were having some mental problems, the issue where the ranking member actually said that we only take it away and then they have an appeals process, and that that appeals process is a great appeals process. Mr. Speaker, 240,000 veterans have had their rights taken away, and through the appeals process, less than 800 got them back--less than 800.

He also said that some of them might not want to have their Second Amendment rights. There is nothing in our Constitution that forces you to use your Second Amendment rights. Mr. Speaker, constitutional rights do not become less important simply because ignoring them is convenient.

In fact, moments like these are when the constitutional protection matters the most. My colleagues say we should respond with more studies. That is what they want, more studies. A peer-reviewed study is not standing for the rights granted to every American citizen of our Nation. Who should keep their rights more than the people who stood up and fought for them?

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Mr. BOST. Hageman).

Mr. Speaker, I want you to listen to what the previous speaker just said.

She explained that if someone has a mental health condition or someone has these other concerns, that she would offer an amendment to that. However, let me explain to you that if we grant them their constitutional rights, Mr. Speaker, they already have that ability.

They already have that ability and their constitutional rights would be treated exactly the same as a person that does not serve in the military and does not go to the VA.

Someone can see that if they had a problem, then they could take and raise that before a judge, not before a bureaucrat.

Let me explain this again. This is not about gun rights. This is not about dealing with our veterans that might commit suicide or anyone else that might commit suicide. This is about the constitutional right of a veteran who has fought for those rights that a bureaucrat has the power to take away their ability to have that Second Amendment, which is in the Constitution.

Now, they might not agree with that Second Amendment and that has been debated here several times. But now to continue to carry on and use this law to take away the rights of people who fought for their rights, how ridiculous is that? How ridiculous is it going to be to go back for Memorial Day and tell their veterans, I was there for you. We took away your rights. I think that is ridiculous.
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Mr. BOST. Boebert).

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Mr. BOST. Mr. Speaker, I am ready to close, and I reserve the balance of my time.

Mr. Speaker, House Democrats claim that H.R. 1041, as amended, would harm vulnerable veterans. That is simply false, but just don't take my word for it. Organizations who represent millions of veterans and their families support this. In fact, the bill is supported by The American Legion, the Vietnam Veterans of America, the National Association of County Veterans Service Officers, Mission Roll Call, the Black Veterans Empowerment Council. All of these groups, and countless others, veterans organizations across this Nation support this piece of legislation, including the Veterans of Foreign Wars and many others. Why? It is because they understand that this is about the rights of the men and women who stood in the gap to make sure you can keep yours.

This bill is also supported by Second Amendment groups, including: Gun Owners of America, the National Rifle Association, the National Association for Gun Rights, the National Shooting Sports Foundation. Importantly, H.R. 1041, as amended, is supported by the civil liberties groups and organizations who advocate for the elderly and those with disabilities, including the American Civil Liberties Union, not necessarily a conservative group, the National Disability Rights Network, the Bazelon Center for Mental Health Law, the Association of Mature American Citizens Action, the Autistic Self Advocacy Network, and the Disability Rights, Education & Defense Fund.

Mr. Speaker, I am sure you would agree, and even Ranking Member Takano can admit that it is not every day that many of these groups come united together, especially probably the NRA and the ACLU. Their support shows how discriminatory the practice that the VA has been doing for over the last three decades has been by reporting to the next unit anyone who seeks fiduciary help from the VA.

Mr. Speaker, most of the people who have spoken on the Democrat side of the aisle would carry other laws that would take away your Second Amendment right.

Mr. Speaker, I am not arguing the gun law here, though I would. I am arguing the rights of our veterans for due process, the same as someone who never raised their hand. Why should someone have their rights improperly and without due process be taken away because they chose to stand up for this Nation?

I am going to tell you this wasn't for political purposes. I have been carrying this bill for a long time. This weekend, you are going to have to go back to your districts, and you are going to have to talk about the fact that: I am there for you, my veterans. Thank you. I am there for you, but I don't think you are worth your constitutional rights, even though you served to defend them.

Mr. Speaker, this is a situation that has wrongly occurred in this Nation for way too long. I thank the administration for getting it straightened out. We are not saying that someone that is a veteran and is a danger to themselves or a danger to other people can't go through the process like everybody else and say, okay, we do need to go ahead and look over their ability to have that Second Amendment right. That is why we have the NICS list. But whenever the NICS list is overburdened, matter of fact, with our veterans at the percentage that it is, something is wrong. Something is wrong. This bill has been a longtime coming.

Mr. Speaker, I include in the Record letters of support from many of those organizations that I mentioned previously: The American Legion, National Disability Rights Network, National Rifle Association of America, Vietnam Veterans of America, and American Civil Liberties Union. The American Legion, Office of the National Commander, Washington, DC, April 29, 2025. Hon. Mike Bost, House of Representatives, Washington, DC.

Dear Chairman Bost: On behalf of the American Legion 1.5 million dues paying members, I write to express our full support for H.R. 1041, the Veterans 2nd Amendment Protection Act, as amended.

This legislation is a necessary step toward restoring the constitutional rights of countless veterans who, despite having honorably served our nation, have been unjustly denied their Second Amendment rights. For far too long, veterans who required the assistance of a fiduciary for managing VA benefits--often due to physical or age-related issues--were reported to the National Instant Criminal Background Check System (NICS) without any due process or judicial review. These individuals were wrongfully categorized as mentally defective, not based on a court ruling, but simply on administrative decisions by the Department of Veterans Affairs.

H.R. 1041 corrects this miscarriage of justice by prohibiting the VA from transmitting personally identifiable information to the Department of Justice for inclusion in NICS unless a judge or magistrate has determined the individual to be a danger to themselves or others. This preserves the fundamental principle of due process--an essential safeguard for any constitutional right, especially one as central as the right to keep and bear arms.

The bill rightly recognizes that being assigned a fiduciary does not equate to being a danger to oneself or others and therefore should not serve as grounds to restrict firearm ownership. Importantly, this legislation requires the Secretary of Veterans Affairs to notify the Attorney General that the basis for all prior reporting of veterans to NICS solely due to fiduciary status does not apply or no longer applies. This notification will, in turn, trigger the FBI to update the NICS database accordingly ensuring that those who were wrongfully reported will be removed. It is critical to note that veterans who are on the NICS list for other legitimate legal reasons, such as a state court finding dangerousness, will remain unaffected by this correction.

This bill does not jeopardize public safety. Instead, it upholds the balance between protecting communities and respecting the rights of those who served our country with courage and sacrifice. The assumption that a veteran is incapable or dangerous simply because they require fiduciary assistance is not only unfounded--it is deeply disrespectful and discriminatory.

We urge members of Congress to support and pass the Veterans 2nd Amendment Protection Act to ensure that no veteran is stripped of their rights without a fair and impartial judicial process. For God and Country, James A. LaCoursiere, National Commander. ____ National Disability Rights Network, Washington, DC, March 3, 2025. Hon. Mike Bost, Chairman, House Veterans Affairs Committee, Washington, DC.

Chairman Bost: The National Disability Rights Network (NDRN) thanks you for introducing, and supports passage of, H.R. 1041, the Veterans Second Amendment Protection Act. This legislation would permanently end the Veterans Administration's (VA) practice of sending a veteran's name that has a fiduciary to the National Instant Criminal Background Check System (NICS list) without due process.

NDRN has long advocated for the inclusion of necessary protections and due process in any system (like guardianship or conservatorship) taking away that individual's rights and decision-making authority. We have also fought to counter the stigmatizing belief that just because an individual has a disability requires the removal of all that individual's rights, decision-making authority, and due process protections.

There is no evidence that individuals that require someone to help with their financial matters have a propensity to gun violence or will harm themselves or others. In fact, this requirement to submit an individual's name to the NICS list could have the perverse effect of stopping an individual from seeking the care and support they may need because they do not want to have their name placed on the NICS list.

This legislation is timely and stands for the important belief of not viewing an individual with a disability through a lens of blanket assumptions about disabilities, but that they must be viewed as an individual and given the due process rights we all support. This bill also would take a crucial step in addressing the stigmatizing and unsupported belief that there is a connection between an individual that has a fiduciary and gun violence.

Again, thank you for your work on this issue and we support the passage of this legislation from the Veterans Committee and look forward to enacting this bill into law. Sincerely, Marlene Sallo, Executive Director. ____ National Rifle Association of America, Institute for Legislative Action, Fairfax, Virginia, May 18, 2026. Chairman Mike Bost, House Committee on Veterans' Affairs, Washington, DC.

Dear Chairman Bost: On behalf of the millions of NRA members nationwide, I write today to support H.R. 1041, the Veterans 2nd Amendment Protection Act, and urge a resounding ``yes'' vote for its swift passage.

This important legislation would reverse a decades-long practice that has been used by the Department of Veterans Affairs (VA) to violate the constitutionally protected Second Amendment rights of hundreds of thousands of veterans--all without a shred of due process. From 1998 until recently, VA had been reporting the names of veterans who have been assigned a fiduciary to help manage their benefits to the FBI National Instant Criminal Background Check System (NICS), thereby ending their legal right to own or possess a firearm.

NRA-ILA was proud to support your effort to end this practice in H.R. 4366, the Consolidated Appropriations Act of 2024, when language was included to prohibit VA from using appropriated funds to submit names to NICS simply for having an assigned fiduciary. And NRA-ILA has been gratified to see that prohibition remain in place in subsequent appropriations bills, including the Military Construction and Department of Veterans Affairs bill the U.S. House passed last week. While we applaud your critical oversight over VA's NICS reporting practices, we understand that a permanent fix, such as that offered by the Veterans 2nd Amendment Protection Act, is necessary to close this shameful chapter in VA history, once and for all. Once passed, this legislation will mark a key turning point in rebuilding trust and confidence between VA and the veterans it serves.

We thank you for your continued attention to this crucial issue and all you do for our great nation's veterans. Sincerely, John Commerford, Executive Director, NRA-ILA. ____ Vietnam Veterans of America, Silver Spring, MD, April 15, 2025. Hon. Mike Bost, Washington, DC.

Chairman Bost: I am writing to express my strong support for the Veterans 2nd Amendment Protection Act, which seeks to amend Title 38 of the United States Code to prohibit the Secretary of Veterans Affairs from transmitting certain information to the Department of Justice for use by the National Instant Criminal Background Check System (NICS).

Our main reason for supporting this legislation is to ensure a level of fairness for veterans concerning the current VA fiduciary process, particularly as it relates to the reporting of veterans to NICS without due process. Veterans, who have dedicated their lives to serving our country, deserve to be treated with dignity and respect. The existing process can lead to unjust consequences where veterans may lose their Second Amendment rights based solely on a determination made by the Secretary without judicial oversight.

This legislation is a critical step in protecting the rights of veterans. It ensures that before any personal information is transmitted that could impact their ability to exercise their rights, there is a requirement for judicial determination that they pose a danger to themselves or others. This not only upholds the principles of due process but also prevents potential misuse of sensitive information that could unfairly label veterans as threats without proper evidence or evaluation.

By passing the Veterans 2nd Amendment Protection Act, we send a clear message that our nation values the rights and well-being of our veterans. It is essential that we provide them with the protection they deserve, especially when it comes to their civil liberties without eliminating the protection of veterans and the community.

Thank you for considering my views on this important matter. I urge all members to support the Veterans 2nd Amendment Protection Act to ensure fairness for all veterans in our country. Sincerely, Jack McManus, National President. ____ American Civil Liberties Union, National Political Advocacy Department, Washington, DC, May 20, 2026. VOTE YES FOR THE VETERANS 2ND AMENDMENT PROTECTION ACT (H.R. 1041)

Dear Representative: On behalf of the American Civil Liberties Union, we urge you to vote in favor of H.R. 1041, the Veterans 2nd Amendment Protection Act, as amended, when it comes to the House floor for a vote. We support this legislation because it ends a government practice that discriminates against, stigmatizes, and harms veterans with mental disabilities. For this reason, we will score this vote.

The Department of Veterans Affairs (VA) assigns a fiduciary to veterans who are unable to manage their VA benefits. The VA does so upon a showing of clear and convincing medical evidence that the veteran, because of injury or disease, lacks the mental capacity to contract or to manage his or her own affairs. It was, until recently, the Department's practice to report all veterans who have been determined to be ``mentally incompetent,'' pursuant to this process, to the National Instant Criminal Background Check System (NICS). This referral makes it unlawful for the veteran to possess a firearm. While the VA has paused this process of referrals voluntarily, it retains authority to resume referrals at any time.

The Veterans Second Amendment Protection Act would prohibit the automatic referral of veterans with fiduciaries unless there has been a separate judicial finding or order that the veteran is ``a danger to themselves or others.'' It would also require the Attorney General to remove the veterans currently on the NICS who were placed there by the VA solely because they were assigned a fiduciary.

We urge Members to vote for this legislation because it combats the false and misguided, but unfortunately pervasive, belief that people with mental disabilities, a vast and diverse group of citizens, are violent and therefore should not own a firearm. There is simply no data to support a connection between a propensity towards gun violence and needing help to manage one's VA benefits because of disability. Opponents of the bill report that the most common disabilities among veterans assigned a fiduciary are post- traumatic stress disorder, traumatic brain injury, schizophrenia, bipolar disorder, and dementia. But these conditions are not evidence of dangerousness to self or others, and they should not be used as the sole basis for denying veterans a constitutional right.

The few research studies cited to support the placement of veterans with fiduciaries on NICS are too speculative to support widespread curtailment of rights. Indeed, one study acknowledges that previous studies on this issue did not examine veterans with fiduciaries and did not directly assess the issue in question: the risk that a veteran with a fiduciary would misuse a firearm.

Instead of acknowledging this lack of evidence, some have concluded that the fiduciary process serves as an adequate proxy for a determination of dangerousness. We strongly disagree and urge you to reject this assertion. It is discriminatory to assume that veterans with mental illness or other disabilities who need help managing their benefits are a danger to themselves and others. Every veteran has the right to be judged on her individual capabilities, not the characteristics and capabilities that are sometimes attributed (often mistakenly) to any group or class to which they belong. A disability must not constitute grounds for the automatic per se denial of any right or privilege, including gun ownership.

Additionally, relying on assumptions rooted in harmful stereotypes does not advance the safety goals--for veterans themselves, their loved ones, and the general public--we all share. Indeed, it is possible that a substantial number of veterans who were not assigned a fiduciary are a danger to themselves or others and those who do have a fiduciary are, in fact, not a danger to themselves or others.

We recognize the grave concerns members of Congress, and many others, have expressed about both the impact of gun violence in our communities and the imperative to reduce access to some firearms. But the policy at issue here is the wrong approach. It scapegoats and stereotypes veterans with disabilities who need help with their VA benefits without evidence that they are a danger to themselves or others. Gun violence prevention should not be advanced by perpetuating discrimination against people with disabilities.

There are few, if any, issues with more universal support than providing our veterans with the tools and resources they need to minimize the risk of self-harm and prevent suicide. Their courage and sacrifice deserve nothing less. Congress should continue its attention to that urgent task, but with tailored solutions that directly address the problem rather than discriminatory proxies.

We urge Members to vote for this legislation. Sincerely, Mike Zamore,

National Director of Policy & Government Affairs. Vania Levielle,

Senior Legislative Counsel.

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Mr. BOST. Mr. Speaker, my message to all Members is really clear: Support this bill. Support the constitutional rights of those people who fought for those constitutional rights for you.

As I said, this has gone on long enough. I think that a person who knows and understands this issue will stand up for their veterans and support this bill.

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Mr. BOST. Mr. Speaker, on that I demand the yeas and nays.

The yeas and nays were ordered.

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