WASHINGTON (February 6, 2025) – WASHINGTON – Sens. John Kennedy (R-La.) and Jerry Moran (R-Kan.), Chairman of the Senate Committee on Veterans’ Affairs, today led 14 colleagues in introducing the Veterans 2nd Amendment Protection Act. The bill would prevent veterans from losing their Second Amendment right to purchase or own firearms when they receive help managing their Department of Veterans Affairs (VA) benefits.
“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. 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. I’m proud to introduce the Veterans 2nd Amendment Protection Act to stand up for veterans’ constitutional rights by ending this unfair practice,” said Kennedy.
“Veterans should never be forced to choose between receiving assistance from VA to manage their benefits and their fundamental Second Amendment rights. Our nation should be encouraging veterans to utilize VA services, not discouraging them by denying them due process. The Veterans Second Amendment Protection Act makes certain that the rights of those who have served are protected, and that veterans are not penalized for receiving support that they have earned and deserve. I thank Sen. Kennedy for his partnership in this effort,” said Moran.
Rep. Mike Bost (R-Ill.), Chairman of the House Committee on Veterans’ Affairs, introduced the bill in the House of Representatives.
“It should go without saying that veterans should not be treated like second-class citizens simply because they need help managing their books—but under current law they are. Without a permanent fix in place, VA bureaucrats can continue to strip veterans with fiduciaries of their Second Amendment right with no court ruling in place that they are a danger to themselves or others. It’s as simple as that. I have heard from too many veterans that VA’s current NICS reporting measures prevent them from seeking mental health care at VA—we must change that. I want to thank Chairman Moran, Senator Kennedy, and my House colleagues for working with me last Congress to pass a temporary solution, but veterans need a permanent fix. House and Senate Republicans will fulfill the American people’s mandate to get this bill to President Trump’s desk to protect veterans’ due process and constitutional rights for good,” said Bost.
Sens. Chuck Grassley (R-Iowa), Steve Daines (R-Mont.), Marsha Blackburn (R-Tenn.), Pete Ricketts (R-Neb.), Mike Rounds (S.D.), Kevin Cramer (N.D.), Jim Banks (R-Ind.), Thom Tillis (R-N.C.), Bill Cassidy (R-La.), John Boozman (R-Ark.), Rick Scott (R-Fla.), Tommy Tuberville (R-Ala.), Lisa Murkowski (R-Alaska) and Tim Sheehy (R-Mont.) cosponsored the legislation.
“I take the constitutional right to bear arms very seriously. Our bill would preserve due process for veterans and put a stop to unelected bureaucrats unjustifiably stripping away the Second Amendment rights of those who’ve served,” said Grassley.
“Veterans must not be required to forfeit the Second Amendment without a careful, constitutional process. Attempting to deprive former servicemembers of firearms for protection or recreation simply because they require assistance managing the benefits they have earned is bureaucracy at its worst. Our legislation would correct this injustice and preserve these law-abiding patriots’ rights,” said Boozman.
“The veterans who served our country shouldn’t lose their 2nd Amendment rights just because they need financial help,” said Cassidy.
“Veterans who have served our country deserve the same Second Amendment rights and protections as every other American. This commonsense legislation ensures that veterans aren’t punished simply because they need assistance managing their benefits and guarantees they are not denied their constitutional rights without due process,” said Tillis.
“Our veterans have sacrificed so much to defend this great country, and it is critical their God-given right to protect themselves and their families doesn’t rest on judgement of unelected bureaucrats. It takes a lot of courage and humility for our brave veterans to admit that they need help managing their financial benefits. But it shouldn’t place their constitutional freedoms in jeopardy. This bill ends the ability of government workers to take away the Second Amendment freedoms of our veterans when they ask for help with their money unless a judge finds them to be a danger to himself or others. I stand with our veterans and will continue to fight to preserve the freedoms they fought for on the battlefield,” said Tuberville.
“I’m proud to stand with our veterans to ensure equal protection of their rights with the Second Amendment Protection Act. Our veterans have fought to protect our nation and defend our rights, and they deserve to be treated fairly with the same due process under the law,” said Scott.
Because of the VA’s interpretation of current law, the VA sends a beneficiary’s name to the FBI’s National Instant Criminal Background Check System (NICS) whenever a fiduciary is appointed to help a beneficiary manage his or her VA benefit payments.
Ultimately, VA employees decide whether veterans receive help from a fiduciary.
The bill would prohibit the Secretary of Veterans Affairs from transmitting a veteran’s personal information to NICS unless a relevant judicial authority rules that the beneficiary is a danger to himself or others.
Vietnam Veterans of America, National Association of County Veterans Service Officers, Veterans of Foreign Wars, The American Legion, Black Veterans Empowerment Council, Military Order of the Purple Heart, National Shooting Sports Foundation, National Rifle Association, Gun Owners of America, AMAC Action, Turning Point Action, Firearms Regulatory Accountability Coalition, National Disability Rights Network and the National Association for Gun Rights support the Veterans 2nd Amendment Protection Act.
Background:
- In the 116th Congress, Kennedy introduced the Veterans 2nd Amendment Protection Act.
- In the 118th Congress, Kennedy and Moran re-introduced the Veterans 2nd Amendment Protection Act with six co-sponsors.
- In Oct. 2023, the Senate passed Kennedy and Moran’s amendment to the Consolidated Appropriations Act based on the Veterans 2nd Amendment Protection Act. The same language passed into law as part of an appropriations package in March 2024.
- The language included in the appropriations package only provided a temporary solution tied to appropriations. The Veterans 2nd Amendment Protection Act would make the fix permanent and prevent future VA administrations from undoing the work to restore veterans’ due process and Second Amendment rights.
The bill text is available here.
