Statement for the Record issues support for H.R. 705, the Veterans 2nd Amendment Protection Act.
Safeguarding veterans’ constitutional rights when it comes to gun ownership was the subject of an American Legion Statement for the Record (SFR) submitted to Congress this week. The SFR was submitted for the House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs Oversight Hearing, “Correcting VA’s Violations of Veterans’ Due Process and Second Amendment Rights."
Submitted by American Legion Veterans Affairs & Rehabilitation Director Cole Lyle, the SFR states The American Legion’s support for H.R. 705, the Veterans 2nd Amendment Protection Act. The legislation would prohibit the U.S. Department of Veterans Affairs (VA) from transmitting certain information to the National Instant Criminal Background Check System (NICS) utilized by licensed importers or dealers of firearms. VA would be prohibited from transmitting personally identifying information of a veteran or a beneficiary to the NICS solely on the basis that such veteran or beneficiary has an appointed fiduciary to manage their benefits, unless there is an order or finding of a judicial authority that such veteran or beneficiary is a danger to themselves or others.
“The American Legion is alarmed by the stark overrepresentation of VA-submitted names in NICS, when compared to submissions made by other federal agencies,” the SFR states. “Between 1998 and 2020, federal agencies have contributed 263,225 records to NICS, of which 98 percent have been submitted by the VA. The sheer volume of reporting by a single federal agency is concerning, and knowledge of this process may discourage veterans from seeking mental health or behavioral support for fear of losing their Second Amendment rights.
“The American Legion continues to advocate for further steps in transparency by having VA to spell out, verbatim, the ramifications of a VA ‘incompetency’ determination and how this will affect the veteran's right to purchase, own and store firearms. This transparency and notification are of utmost importance, as The American Legion has heard of recent caregiver concerns about the lack of information. Specifically, instances of those seeking enhanced services (such as fiduciary assignment under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC), who were unaware of their veteran's name being automatically submitted to NICS after being placed on the VA Fiduciary program.”
H.R. 705 has been reintroduced by HVAC Chairman Mike Bost and was a necessary step, the SFR reads. “While section 413 of H.R. 4366, Consolidated Appropriation Act of 2024 temporarily barred the VA from transmitting a veteran's name to NICS until an order or finding by a judge, magistrate or other judicial authority of competent jurisdiction was found, that provision expired at the end of FY 2024,” Lyle noted in his statement. “The current status quo of a fiduciary determination and referral to NICS that disproportionally affects veterans undermines the spirit of justice veterans served to defend, taking away a constitutionally enumerated right by bureaucratic determination rather than through due process.
“The American Legion is grateful for Chairman Bost's reintroduction of H.R. 705 to codify and make permanent this safeguard to veterans' Constitutional rights. As proposed, H.R. 705 ensures due process and prevents VA from conflating the issue of financial incompetence with being a risk to self and others. The American Legion can wholeheartedly support this legislation through Resolution No. 16, Second Amendment, and Resolution No. 27, Amend Title 38 to Clarify the Treatment of a Veteran as Adjudicated Mentally Incompetent for Certain Purposes.”
Read Lyle’s Statement for the Record here.
- Legislative