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Friday, February 21, 2025

Legislation seeks to protect veterans' Second Amendment rights amidst benefit management

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US Senator for Arkansas | US Senator for Arkansas website

US Senator for Arkansas | US Senator for Arkansas website

U.S. Senators John Boozman, John Kennedy, and Jerry Moran have introduced the Veterans 2nd Amendment Protection Act. The bill aims to ensure that veterans do not lose their Second Amendment rights when receiving assistance with managing their Department of Veterans Affairs (VA) benefits.

The VA currently interprets the law in a way that results in a veteran's name being sent to the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS) whenever a fiduciary is appointed to manage VA benefit payments. The proposed legislation would prevent the Secretary of Veterans Affairs from transmitting this information unless a judicial authority determines the beneficiary poses a danger.

Senator Boozman stated, "Veterans must not be required to forfeit the Second Amendment without a careful, constitutional process." He criticized current practices as "bureaucracy at its worst" and expressed that the bill would correct this situation.

Senator Kennedy remarked on due process concerns, saying, "Our veterans should not receive less due process rights than other Americans just because they served our country." He emphasized ending what he views as an unfair practice through this legislation.

Chairman Moran highlighted the need for veterans to access VA services without compromising their rights: “Veterans should never be forced to choose between receiving assistance from VA...and their fundamental Second Amendment rights.”

The bill has garnered support from several senators including Chuck Grassley, Steve Daines, Marsha Blackburn, among others. In addition, Representative Mike Bost has introduced companion legislation in the House of Representatives.

Numerous organizations endorse the act such as Vietnam Veterans of America, Veterans of Foreign Wars, The American Legion, and others focused on veterans' and gun rights.

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